S.B. 165 Enrolled

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ELECTION LAW AMENDMENTS

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2011 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Curtis S. Bramble

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House Sponsor:
Bradley M. Daw

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LONG TITLE
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General Description:
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This bill amends provisions in Title 20A, Election Code.
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Highlighted Provisions:
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This bill:
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. defines terms;
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. authorizes a person to vote in an election if the person registers online to vote at
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least 15 days before an election;
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. authorizes the chief election officer to extend the time to file a financial statement in
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certain circumstances;
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. prohibits the use of an electronic signature and requires the use of a holographic
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signature to:
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. qualify a candidate for the ballot;
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. qualify a ballot proposition for the ballot; or
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. sign a petition to organize and register a political party;
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. requires an estimate of the cost of printing and distributing information related to a
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petition;
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. prohibits a person from verifying the person's own signature;
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. prohibits a county clerk from certifying a signature on a packet that is not verified;
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. requires the county clerk to compare a signature on a packet to the voter registration
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database;
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. authorizes the lieutenant governor or county clerk to declare a petition insufficient if
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all the requirements are not met;

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. prohibits the sponsors of a local initiative from submitting additional signatures to
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qualify for a ballot in subsequent elections;
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. repeals a section regarding a financial report;
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. establishes the time by which a petitioner shall deliver petition packets to the county
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clerk and qualify a petition for the ballot;
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. requires the amount of signatures necessary for an initiative or referendum to be
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submitted to a legislative body or qualify for placement on the ballot to be
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calculated based on the votes cast for President of the United States;
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. clarifies when a local law subject to a referendum takes effect; and
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. makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides an immediate effective date.
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Utah Code Sections Affected:
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AMENDS:
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20A-1-102, as last amended by Laws of Utah 2010, Chapters 129, 197, and 254
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20A-2-102.5, as last amended by Laws of Utah 2008, Chapter 225
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20A-2-206, as enacted by Laws of Utah 2009, Chapter 89
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20A-3-304, as last amended by Laws of Utah 2009, Chapter 191
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20A-7-101, as last amended by Laws of Utah 2010, Chapter 294
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20A-7-201, as last amended by Laws of Utah 2008, Chapter 237
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20A-7-202, as last amended by Laws of Utah 2008, Chapter 237
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20A-7-202.5, as last amended by Laws of Utah 2010, Chapter 367
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20A-7-203, as last amended by Laws of Utah 2007, Chapter 78
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20A-7-205, as last amended by Laws of Utah 2010, Chapter 225
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20A-7-206, as last amended by Laws of Utah 2010, Chapter 225
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20A-7-206.3, as last amended by Laws of Utah 2007, Chapter 78

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20A-7-207, as last amended by Laws of Utah 2010, Chapters 225 and 367
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20A-7-301, as last amended by Laws of Utah 1995, Chapter 153
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20A-7-305, as last amended by Laws of Utah 2010, Chapter 225
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20A-7-306, as last amended by Laws of Utah 2010, Chapter 225
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20A-7-306.3, as enacted by Laws of Utah 2007, Chapter 78
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20A-7-307, as last amended by Laws of Utah 2010, Chapter 225
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20A-7-501, as last amended by Laws of Utah 2010, Chapter 324
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20A-7-502.5, as last amended by Laws of Utah 2010, Chapter 367
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20A-7-503, as last amended by Laws of Utah 2008, Chapter 225
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20A-7-505, as last amended by Laws of Utah 2000, Chapter 3
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20A-7-506, as last amended by Laws of Utah 2008, Chapter 237
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20A-7-506.3, as last amended by Laws of Utah 2007, Chapter 78
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20A-7-507, as last amended by Laws of Utah 2002, Chapter 133
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20A-7-601, as last amended by Laws of Utah 2004, Chapter 258
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20A-7-605, as last amended by Laws of Utah 2000, Chapter 3
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20A-7-606, as last amended by Laws of Utah 2008, Chapter 237
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20A-7-606.3, as enacted by Laws of Utah 2007, Chapter 78
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20A-7-607, as last amended by Laws of Utah 1995, Chapter 165
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20A-7-609, as last amended by Laws of Utah 2010, Chapter 294
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20A-8-103, as last amended by Laws of Utah 1999, Chapter 45
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20A-9-203, as last amended by Laws of Utah 2010, Chapter 197
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20A-9-404, as last amended by Laws of Utah 2007, Chapter 256
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20A-9-502, as last amended by Laws of Utah 2009, Chapter 202
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20A-11-103, as last amended by Laws of Utah 2010, Chapter 389
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ENACTS:
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20A-1-306, Utah Code Annotated 1953
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REPEALS:
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20A-7-206.5, as enacted by Laws of Utah 1999, Chapter 109

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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-1-102
is amended to read:
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20A-1-102. Definitions.
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As used in this title:
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(1) "Active voter" means a registered voter who has not been classified as an inactive
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voter by the county clerk.
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(2) "Automatic tabulating equipment" means apparatus that automatically examines
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and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
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(3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
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upon which a voter records the voter's votes.
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(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
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envelopes.
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(4) "Ballot sheet":
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(a) means a ballot that:
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(i) consists of paper or a card where the voter's votes are marked or recorded; and
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(ii) can be counted using automatic tabulating equipment; and
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(b) includes punch card ballots and other ballots that are machine-countable.
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(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
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(a) contain the names of offices and candidates and statements of ballot propositions to
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be voted on; and
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(b) are used in conjunction with ballot sheets that do not display that information.
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(6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
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on the ballot for their approval or rejection including:
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(a) an opinion question specifically authorized by the Legislature;
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(b) a constitutional amendment;
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(c) an initiative;
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(d) a referendum;

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(e) a bond proposition;
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(f) a judicial retention question; or
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(g) any other ballot question specifically authorized by the Legislature.
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(7) "Board of canvassers" means the entities established by Sections
20A-4-301
and
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20A-4-306
to canvass election returns.
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(8) "Bond election" means an election held for the purpose of approving or rejecting
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the proposed issuance of bonds by a government entity.
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(9) "Book voter registration form" means voter registration forms contained in a bound
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book that are used by election officers and registration agents to register persons to vote.
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(10) "By-mail voter registration form" means a voter registration form designed to be
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completed by the voter and mailed to the election officer.
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(11) "Canvass" means the review of election returns and the official declaration of
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election results by the board of canvassers.
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(12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
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the canvass.
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(13) "Convention" means the political party convention at which party officers and
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delegates are selected.
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(14) "Counting center" means one or more locations selected by the election officer in
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charge of the election for the automatic counting of ballots.
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(15) "Counting judge" means a poll worker designated to count the ballots during
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election day.
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(16) "Counting poll watcher" means a person selected as provided in Section
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20A-3-201
to witness the counting of ballots.
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(17) "Counting room" means a suitable and convenient private place or room,
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immediately adjoining the place where the election is being held, for use by the poll workers
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and counting judges to count ballots during election day.
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(18) "County officers" means those county officers that are required by law to be
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elected.

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(19) "Date of the election" or "election day" or "day of the election":
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(a) means the day that is specified in the calendar year as the day that the election
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occurs; and
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(b) does not include:
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(i) deadlines established for absentee voting; or
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(ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
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Voting.
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(20) "Election" means a regular general election, a municipal general election, a
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statewide special election, a local special election, a regular primary election, a municipal
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primary election, and a local district election.
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(21) "Election Assistance Commission" means the commission established by Public
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Law 107-252, the Help America Vote Act of 2002.
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(22) "Election cycle" means the period beginning on the first day persons are eligible to
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file declarations of candidacy and ending when the canvass is completed.
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(23) "Election judge" means a poll worker that is assigned to:
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(a) preside over other poll workers at a polling place;
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(b) act as the presiding election judge; or
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(c) serve as a canvassing judge, counting judge, or receiving judge.
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(24) "Election officer" means:
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(a) the lieutenant governor, for all statewide ballots;
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(b) the county clerk or clerks for all county ballots and for certain ballots and elections
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as provided in Section
20A-5-400.5
;
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(c) the municipal clerk for all municipal ballots and for certain ballots and elections as
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provided in Section
20A-5-400.5
;
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(d) the local district clerk or chief executive officer for certain ballots and elections as
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provided in Section
20A-5-400.5
; and
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(e) the business administrator or superintendent of a school district for certain ballots
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or elections as provided in Section
20A-5-400.5
.

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(25) "Election official" means any election officer, election judge, or poll worker.
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(26) "Election results" means, for bond elections, the count of those votes cast for and
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against the bond proposition plus any or all of the election returns that the board of canvassers
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may request.
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(27) "Election returns" includes the pollbook, all affidavits of registration, the military
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and overseas absentee voter registration and voting certificates, one of the tally sheets, any
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unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
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spoiled ballots, the ballot disposition form, and the total votes cast form.
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(28) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
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device or other voting device that records and stores ballot information by electronic means.
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(29) "Electronic signature" means an electronic sound, symbol, or process attached to
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or logically associated with a record and executed or adopted by a person with the intent to sign
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the record.
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[(29)] (30) (a) "Electronic voting device" means a voting device that uses electronic
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ballots.
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(b) "Electronic voting device" includes a direct recording electronic voting device.
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[(30)] (31) "Inactive voter" means a registered voter who has:
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(a) been sent the notice required by Section
20A-2-306
; and
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(b) failed to respond to that notice.
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[(31)] (32) "Inspecting poll watcher" means a person selected as provided in this title to
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witness the receipt and safe deposit of voted and counted ballots.
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[(32)] (33) "Judicial office" means the office filled by any judicial officer.
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[(33)] (34) "Judicial officer" means any justice or judge of a court of record or any
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county court judge.
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[(34)] (35) "Local district" means a local government entity under Title 17B, Limited
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Purpose Local Government Entities - Local Districts, and includes a special service district
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under Title 17D, Chapter 1, Special Service District Act.
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[(35)] (36) "Local district officers" means those local district officers that are required

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by law to be elected.
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[(36)] (37) "Local election" means a regular municipal election, a local special
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election, a local district election, and a bond election.
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[(37)] (38) "Local political subdivision" means a county, a municipality, a local
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district, or a local school district.
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[(38)] (39) "Local special election" means a special election called by the governing
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body of a local political subdivision in which all registered voters of the local political
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subdivision may vote.
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[(39)] (40) "Municipal executive" means:
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(a) the mayor in the council-mayor form of government defined in Section
10-3b-102
;
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or
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(b) the mayor in the council-manager form of government defined in Subsection
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10-3b-103
(6).
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[(40)] (41) "Municipal general election" means the election held in municipalities and
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local districts on the first Tuesday after the first Monday in November of each odd-numbered
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year for the purposes established in Section
20A-1-202
.
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[(41)] (42) "Municipal legislative body" means the council of the city or town in any
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form of municipal government.
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[(42)] (43) "Municipal officers" means those municipal officers that are required by
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law to be elected.
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[(43)] (44) "Municipal primary election" means an election held to nominate
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candidates for municipal office.
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[(44)] (45) "Official ballot" means the ballots distributed by the election officer to the
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poll workers to be given to voters to record their votes.
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[(45)] (46) "Official endorsement" means:
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(a) the information on the ballot that identifies:
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(i) the ballot as an official ballot;
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(ii) the date of the election; and

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(iii) the facsimile signature of the election officer; and
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(b) the information on the ballot stub that identifies:
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(i) the poll worker's initials; and
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(ii) the ballot number.
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[(46)] (47) "Official register" means the official record furnished to election officials
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by the election officer that contains the information required by Section
20A-5-401
.
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[(47)] (48) "Paper ballot" means a paper that contains:
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(a) the names of offices and candidates and statements of ballot propositions to be
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voted on; and
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(b) spaces for the voter to record the voter's vote for each office and for or against each
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ballot proposition.
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[(48)] (49) "Political party" means an organization of registered voters that has
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qualified to participate in an election by meeting the requirements of Chapter 8, Political Party
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Formation and Procedures.
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[(49)] (50) (a) "Poll worker" means a person assigned by an election official to assist
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with an election, voting, or counting votes.
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(b) "Poll worker" includes election judges.
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(c) "Poll worker" does not include a watcher.
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[(50)] (51) "Pollbook" means a record of the names of voters in the order that they
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appear to cast votes.
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[(51)] (52) "Polling place" means the building where voting is conducted.
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[(52)] (53) "Position" means a square, circle, rectangle, or other geometric shape on a
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ballot in which the voter marks the voter's choice.
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[(53)] (54) "Provisional ballot" means a ballot voted provisionally by a person:
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(a) whose name is not listed on the official register at the polling place;
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(b) whose legal right to vote is challenged as provided in this title; or
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(c) whose identity was not sufficiently established by a poll worker.
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[(54)] (55) "Provisional ballot envelope" means an envelope printed in the form

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required by Section
20A-6-105
that is used to identify provisional ballots and to provide
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information to verify a person's legal right to vote.
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[(55)] (56) "Primary convention" means the political party conventions at which
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nominees for the regular primary election are selected.
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[(56)] (57) "Protective counter" means a separate counter, which cannot be reset, that:
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(a) is built into a voting machine; and
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(b) records the total number of movements of the operating lever.
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[(57)] (58) "Qualify" or "qualified" means to take the oath of office and begin
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performing the duties of the position for which the person was elected.
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[(58)] (59) "Receiving judge" means the poll worker that checks the voter's name in the
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official register, provides the voter with a ballot, and removes the ballot stub from the ballot
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after the voter has voted.
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[(59)] (60) "Registration form" means a book voter registration form and a by-mail
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voter registration form.
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[(60)] (61) "Regular ballot" means a ballot that is not a provisional ballot.
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[(61)] (62) "Regular general election" means the election held throughout the state on
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the first Tuesday after the first Monday in November of each even-numbered year for the
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purposes established in Section
20A-1-201
.
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[(62)] (63) "Regular primary election" means the election on the fourth Tuesday of
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June of each even-numbered year, to nominate candidates of political parties and nonpolitical
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groups to advance to the regular general election.
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[(63)] (64) "Resident" means a person who resides within a specific voting precinct in
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Utah.
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[(64)] (65) "Sample ballot" means a mock ballot similar in form to the official ballot
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printed and distributed as provided in Section
20A-5-405
.
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[(65)] (66) "Scratch vote" means to mark or punch the straight party ticket and then
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mark or punch the ballot for one or more candidates who are members of different political
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parties.

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[(66)] (67) "Secrecy envelope" means the envelope given to a voter along with the
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ballot into which the voter places the ballot after the voter has voted it in order to preserve the
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secrecy of the voter's vote.
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[(67)] (68) "Special election" means an election held as authorized by Section
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20A-1-204
.
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[(68)] (69) "Spoiled ballot" means each ballot that:
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(a) is spoiled by the voter;
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(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
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(c) lacks the official endorsement.
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[(69)] (70) "Statewide special election" means a special election called by the governor
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or the Legislature in which all registered voters in Utah may vote.
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[(70)] (71) "Stub" means the detachable part of each ballot.
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[(71)] (72) "Substitute ballots" means replacement ballots provided by an election
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officer to the poll workers when the official ballots are lost or stolen.
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[(72)] (73) "Ticket" means each list of candidates for each political party or for each
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group of petitioners.
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[(73)] (74) "Transfer case" means the sealed box used to transport voted ballots to the
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counting center.
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[(74)] (75) "Vacancy" means the absence of a person to serve in any position created
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by statute, whether that absence occurs because of death, disability, disqualification,
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resignation, or other cause.
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[(75)] (76) "Valid voter identification" means:
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(a) a form of identification that bears the name and photograph of the voter which may
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include:
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(i) a currently valid Utah driver license;
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(ii) a currently valid identification card that is issued by:
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(A) the state; or
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(B) a branch, department, or agency of the United States;

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(iii) a currently valid Utah permit to carry a concealed weapon;
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(iv) a currently valid United States passport; or
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(v) a currently valid United States military identification card;
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(b) one of the following identification cards, whether or not the card includes a
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photograph of the voter:
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(i) a valid tribal identification card;
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(ii) a Bureau of Indian Affairs card; or
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(iii) a tribal treaty card; or
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(c) two forms of identification not listed under Subsection [(75)] (76)(a) or (b) but that
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bear the name of the voter and provide evidence that the voter resides in the voting precinct,
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which may include:
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(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
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election;
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(ii) a bank or other financial account statement, or a legible copy thereof;
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(iii) a certified birth certificate;
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(iv) a valid Social Security card;
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(v) a check issued by the state or the federal government or a legible copy thereof;
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(vi) a paycheck from the voter's employer, or a legible copy thereof;
328
(vii) a currently valid Utah hunting or fishing license;
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(viii) certified naturalization documentation;
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(ix) a currently valid license issued by an authorized agency of the United States;
331
(x) a certified copy of court records showing the voter's adoption or name change;
332
(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
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(xii) a currently valid identification card issued by:
334
(A) a local government within the state;
335
(B) an employer for an employee; or
336
(C) a college, university, technical school, or professional school located within the
337
state; or

338
(xiii) a current Utah vehicle registration.
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[(76)] (77) "Valid write-in candidate" means a candidate who has qualified as a
340
write-in candidate by following the procedures and requirements of this title.
341
[(77)] (78) "Voter" means a person who:
342
(a) meets the requirements for voting in an election;
343
(b) meets the requirements of election registration;
344
(c) is registered to vote; and
345
(d) is listed in the official register book.
346
[(78)] (79) "Voter registration deadline" means the registration deadline provided in
347
Section
20A-2-102.5
.
348
[(79)] (80) "Voting area" means the area within six feet of the voting booths, voting
349
machines, and ballot box.
350
[(80)] (81) "Voting booth" means:
351
(a) the space or compartment within a polling place that is provided for the preparation
352
of ballots, including the voting machine enclosure or curtain; or
353
(b) a voting device that is free standing.
354
[(81)] (82) "Voting device" means:
355
(a) an apparatus in which ballot sheets are used in connection with a punch device for
356
piercing the ballots by the voter;
357
(b) a device for marking the ballots with ink or another substance;
358
(c) an electronic voting device or other device used to make selections and cast a ballot
359
electronically, or any component thereof;
360
(d) an automated voting system under Section
20A-5-302
; or
361
(e) any other method for recording votes on ballots so that the ballot may be tabulated
362
by means of automatic tabulating equipment.
363
[(82)] (83) "Voting machine" means a machine designed for the sole purpose of
364
recording and tabulating votes cast by voters at an election.
365
[(83)] (84) "Voting poll watcher" means a person appointed as provided in this title to

366
witness the distribution of ballots and the voting process.
367
[(84)] (85) "Voting precinct" means the smallest voting unit established as provided by
368
law within which qualified voters vote at one polling place.
369
[(85)] (86) "Watcher" means a voting poll watcher, a counting poll watcher, an
370
inspecting poll watcher, and a testing watcher.
371
[(86)] (87) "Western States Presidential Primary" means the election established in
372
[Title 20A,] Chapter 9, Part 8.
373
[(87)] (88) "Write-in ballot" means a ballot containing any write-in votes.
374
[(88)] (89) "Write-in vote" means a vote cast for a person whose name is not printed on
375
the ballot according to the procedures established in this title.
376
Section 2.
Section
20A-1-306
is enacted to read:
377
20A-1-306. Electronic signatures prohibited.
378
Notwithstanding Title 46, Chapter 4, Uniform Electronic Transactions Act, and
379
Subsections
68-3-12
(1)(e) and
68-3-12.5
(24) and (33), an electronic signature may not be used
380
to sign a petition to:
381
(1) qualify a ballot proposition for the ballot under Chapter 7, Issues Submitted to the
382
Voters;
383
(2) organize and register a political party under Chapter 8, Political Party Formation
384
and Procedures; or
385
(3) qualify a candidate for the ballot under Chapter 9, Candidate Qualifications and
386
Nominating Procedures.
387
Section 3.
Section
20A-2-102.5
is amended to read:
388
20A-2-102.5. Voter registration deadline.
389
(1) Except as provided in [Section] Sections
20A-2-201
and
20A-2-206
and [in Title
390
20A,] Chapter 3, Part 4, Voting by Members of the Military and by Other Persons Living or
391
Serving Abroad, a person who fails to submit a correctly completed voter registration form on
392
or before the voter registration deadline shall not be permitted to vote in the election.
393
(2) The voter registration deadline shall be the date that is 30 calendar days before the

394
date of the election.
395
Section 4.
Section
20A-2-206
is amended to read:
396
20A-2-206. Electronic registration -- Requests for absentee ballot application.
397
(1) The lieutenant governor may create and maintain an electronic system for voter
398
registration and requesting an absentee ballot that is publicly available on the Internet.
399
(2) An electronic system for voter registration shall require:
400
(a) that an applicant have a valid driver license or identification card, issued under Title
401
53, Chapter 3, Uniform Driver License Act, that reflects the person's current principal place of
402
residence;
403
(b) that the applicant provide the information required by Section
20A-2-104
, except
404
that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
405
and (4);
406
(c) that the applicant attest to the truth of the information provided; and
407
(d) that the applicant authorize the lieutenant governor's and county clerk's use of the
408
applicant's driver license or identification card signature, obtained under Title 53, Chapter 3,
409
Uniform Driver License Act, for voter registration purposes.
410
(3) Notwithstanding Section
20A-2-104
, an applicant using the electronic system for
411
voter registration created under this section is not required to complete a printed registration
412
form.
413
(4) A system created and maintained under this section shall provide the notices
414
concerning a voter's presentation of identification contained in Subsection
20A-2-104
(1).
415
(5) The lieutenant governor shall obtain a digital copy of the applicant's driver license
416
or identification card signature from the Driver License Division.
417
(6) Upon receiving all information from an applicant and the Driver License Division,
418
the lieutenant governor shall send the information to the county clerk for the county in which
419
the applicant's principal place of residence is found for further action as required by Section
420
20A-2-304
.
421
(7) The lieutenant governor may use additional security measures to ensure the

422
accuracy and integrity of an electronically submitted voter registration.
423
(8) (a) If an individual applies to register under this section during the period beginning
424
on the date after the voter registration deadline and ending on the date that is 15 calendar days
425
before the date of an election, the county clerk shall:
426
(i) accept the application for registration if the individual, on the date of the election,
427
will be legally qualified and entitled to vote in a voting precinct in the state; and
428
(ii) inform the individual that:
429
(A) the individual is registered to vote in the pending election; and
430
(B) for the pending election, the individual must vote on the day of the election and is
431
not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
432
individual registered too late.
433
(b) If an individual applies to register under this section during the 14 calendar days
434
before an election, the county clerk shall:
435
(i) accept the application for registration if the individual, on the date of the election,
436
will be legally qualified and entitled to vote in a voting precinct in the state; and
437
(ii) inform the individual that the individual is registered to vote but may not vote in
438
the pending election because the individual registered too late.
439
(9) (a) A registered voter may file an application for an absentee ballot in accordance
440
with Section
20A-3-304
on the electronic system for voter registration established under this
441
section.
442
(b) The lieutenant governor shall provide a means by which a registered voter shall
443
sign the application form as provided in Section
20A-3-304
.
444
Section 5.
Section
20A-3-304
is amended to read:
445
20A-3-304. Application for absentee ballot -- Time for filing and voting.
446
(1) Any registered voter who wishes to vote an absentee ballot may either:
447
(a) file an absentee ballot application:
448
(i) on the electronic system maintained by the lieutenant governor under Section
449
20A-2-206
; or

450
(ii) with the appropriate election officer for an official absentee ballot as provided in
451
this section; or
452
(b) vote in person at the office of the appropriate election officer as provided in Section
453
20A-3-306
.
454
(2) (a) Except as provided in Subsection (2)(b), [each] the lieutenant governor or
455
election officer shall prepare [blank applications] an application form for absentee ballot
456
applications in substantially the following form:
457
"I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
458
apply for an official absentee ballot to be voted by me at the election.
459
Date ________ (month\day\year) Signed ___________________________
460
Voter"
461
(b) [Each] The lieutenant governor or election officer shall prepare blank applications
462
for absentee ballot applications for regular primary elections and for the Western States
463
Presidential Primary in substantially the following form:
464
"I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
465
apply for an official absentee ballot for the _______________ political party to be voted by me
466
at the primary election.
467
I understand that I must be affiliated with or authorized to vote the political party's
468
ballot that I request.
469
Dated _________ (month\day\year) ____ Signed ___________________________
470
Voter"
471
(c) If requested by the applicant, the election officer shall:
472
(i) mail or fax the application blank to the absentee voter; or
473
(ii) deliver the application blank to any voter who personally applies for it at the office
474
of the election officer.
475
(3) (a) Except as provided in Subsection (3)(b), a voter who wishes to vote by absentee
476
ballot shall file the application for an absentee ballot with the lieutenant governor or
477
appropriate election officer no later than the Friday before election day.

478
(b) Overseas applicants shall file their applications with the appropriate election officer
479
no later than 20 days before election day.
480
(4) (a) A county clerk may establish a permanent absentee voter list.
481
(b) The clerk shall place on the list the name of any person who:
482
(i) requests permanent absentee voter status; and
483
(ii) meets the requirements of this section.
484
(c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on
485
the absentee voter list.
486
(ii) The questionnaire shall allow the absentee person to verify the voter's residence.
487
(iii) The clerk may remove the names of any voter from the absentee voter registration
488
list if:
489
(A) the voter is no longer listed in the official register; or
490
(B) the voter fails to verify the voter's residence and absentee status.
491
(d) The clerk shall provide a copy of the permanent absentee voter list to election
492
officers for use in elections.
493
Section 6.
Section
20A-7-101
is amended to read:
494
20A-7-101. Definitions.
495
As used in this chapter:
496
(1) "Budget officer" means:
497
(a) for a county, the person designated as budget officer in Section
17-19-19
;
498
(b) for a city, the person designated as budget officer in Subsection
10-6-106
(5); or
499
(c) for a town, the town council.
500
(2) "Certified" means that the county clerk has acknowledged a signature as being the
501
signature of a registered voter.
502
(3) "Circulation" means the process of submitting an initiative or referendum petition
503
to legal voters for their signature.
504
(4) "Final fiscal impact statement" means a financial statement prepared after voters
505
approve an initiative that contains the information required by Subsection
20A-7-202.5
(2) or

506
20A-7-502.5
(2).
507
(5) "Initial fiscal impact estimate" means a financial statement prepared according to
508
the terms of Section
20A-7-202.5
or
20A-7-502.5
after the filing of an application for an
509
initiative petition.
510
(6) "Initiative" means a new law proposed for adoption by the public as provided in
511
this chapter.
512
(7) "Initiative packet" means a copy of the initiative petition, a copy of the proposed
513
law, and the signature sheets, all of which have been bound together as a unit.
514
(8) "Legal signatures" means the number of signatures of legal voters that:
515
(a) meet the numerical requirements of this chapter; and
516
(b) have been certified and verified as provided in this chapter.
517
(9) "Legal voter" means a person who:
518
(a) is registered to vote; or
519
(b) becomes registered to vote before the county clerk certifies the signatures on an
520
initiative or referendum petition.
521
(10) "Local attorney" means the county attorney, city attorney, or town attorney in
522
whose jurisdiction a local initiative or referendum petition is circulated.
523
(11) "Local clerk" means the county clerk, city recorder, or town clerk in whose
524
jurisdiction a local initiative or referendum petition is circulated.
525
(12) (a) "Local law" includes an ordinance, resolution, master plan, and any
526
comprehensive zoning regulation adopted by ordinance or resolution.
527
(b) "Local law" does not include an individual property zoning decision.
528
(13) "Local legislative body" means the legislative body of a county, city, or town.
529
(14) "Measure" means a proposed constitutional amendment, an initiative, or
530
referendum.
531
(15) "Referendum" means a process by which a law passed by the Legislature or by a
532
local legislative body is submitted or referred to the voters for their approval or rejection.
533
(16) "Referendum packet" means a copy of the referendum petition, a copy of the law

534
being submitted or referred to the voters for their approval or rejection, and the signature
535
sheets, all of which have been bound together as a unit.
536
(17) (a) "Signature" means a holographic signature.
537
(b) "Signature" does not mean an electronic signature.
538
[(17)] (18) "Signature sheets" means sheets in the form required by this chapter that are
539
used to collect signatures in support of an initiative or referendum.
540
[(18)] (19) "Sponsors" means the legal voters who support the initiative or referendum
541
and who sign the application for petition copies.
542
[(19)] (20) "Sufficient" means that the signatures submitted in support of an initiative
543
or referendum petition have been certified and verified as required by this chapter.
544
[(20)] (21) "Verified" means acknowledged by the person circulating the petition as
545
required in Sections
20A-7-205
and
20A-7-305
.
546
Section 7.
Section
20A-7-201
is amended to read:
547
20A-7-201. Statewide initiatives -- Signature requirements -- Submission to the
548
Legislature or to a vote of the people.
549
(1) (a) A person seeking to have an initiative submitted to the Legislature for approval
550
or rejection shall obtain:
551
(i) legal signatures equal to 5% of the cumulative total of all votes cast by voters of this
552
state for all candidates for [governor] President of the United States at the last regular general
553
election at which a [governor] President of the United States was elected; and
554
(ii) from each of at least 26 Utah State Senate districts, legal signatures equal to 5% of
555
the total of all votes cast in that district for all candidates for [governor] President of the United
556
States at the last regular general election at which a [governor] President of the United States
557
was elected.
558
(b) If, at any time not less than 10 days before the beginning of [an] the next annual
559
general session of the Legislature, immediately after the application is filed under Section
560
20A-7-202
and specified on the petition under Section
20A-7-203
the lieutenant governor
561
declares sufficient any initiative petition that is signed by enough voters to meet the

562
requirements of this Subsection (1), the lieutenant governor shall deliver a copy of the petition
563
and the cover sheet required by Subsection (1)(c) to the president of the Senate, the speaker of
564
the House, and the director of the Office of Legislative Research and General Counsel.
565
(c) In delivering a copy of the petition, the lieutenant governor shall include a cover
566
sheet that contains:
567
(i) the cumulative total of all votes cast by voters of this state for all candidates for
568
[governor] President of the United States at the last regular general election at which a
569
[governor] President of the United States was elected;
570
(ii) the total of all votes cast in each Utah State Senate district for all candidates for
571
[governor] President of the United States at the last regular general election at which a
572
[governor] President of the United States was elected;
573
(iii) the total number of certified signatures received for the submitted initiative; and
574
(iv) the total number of certified signatures received from each Utah State Senate
575
district for the submitted initiative.
576
(2) (a) A person seeking to have an initiative submitted to a vote of the people for
577
approval or rejection shall obtain:
578
(i) legal signatures equal to 10% of the cumulative total of all votes cast by voters of
579
this state for all candidates for [governor] President of the United States at the last regular
580
general election at which a [governor] President of the United States was elected; and
581
(ii) from each of at least 26 Utah State Senate districts, legal signatures equal to 10% of
582
the total of all votes cast in that district for all candidates for [governor] President of the United
583
States at the last regular general election at which a [governor] President of the United States
584
was elected.
585
(b) If an initiative petition meets the requirements of this part and the lieutenant
586
governor declares the initiative petition to be sufficient, the lieutenant governor shall submit
587
the proposed law to a vote of the people at the next regular general election:
588
(i) immediately after the application is filed under Section
20A-7-202
; and
589
(ii) specified on the petition under Section
20A-7-203
.

590
(3) The lieutenant governor shall provide the following information from the official
591
canvass of the last regular general election at which a [governor] President of the United States
592
was elected to any interested person:
593
(a) the cumulative total of all votes cast by voters in this state for all candidates for
594
[governor] President of the United States; and
595
(b) for each Utah State Senate district, the total of all votes cast in that district for all
596
candidates for [governor] President of the United States.
597
Section 8.
Section
20A-7-202
is amended to read:
598
20A-7-202. Statewide initiative process -- Application procedures -- Time to
599
gather signatures -- Grounds for rejection.
600
(1) Persons wishing to circulate an initiative petition shall file an application with the
601
lieutenant governor.
602
(2) The application shall contain:
603
(a) the name and residence address of at least five sponsors of the initiative petition;
604
(b) a statement indicating that each of the sponsors:
605
(i) is a resident of Utah; and
606
(ii) has voted in a regular general election in Utah within the last three years;
607
(c) the signature of each of the sponsors, attested to by a notary public;
608
(d) a copy of the proposed law that includes:
609
(i) the title of the proposed law, which clearly expresses the subject of the law; and
610
(ii) the text of the proposed law; and
611
(e) a statement indicating whether or not persons gathering signatures for the petition
612
may be paid for doing so.
613
(3) The application and its contents are public when filed with the lieutenant governor.
614
[(4) (a) The sponsors shall qualify the petition for the regular general election ballot no
615
later than one year after the application is filed.]
616
[(b)] (4) If the [sponsors fail] petition fails to qualify [the petition for that] for the
617
ballot of the election described in Subsection
20A-7-201
(2)(b), the sponsors must:

618
[(i)] (a) submit a new application;
619
[(ii)] (b) obtain new signature sheets; and
620
[(iii)] (c) collect signatures again.
621
(5) The lieutenant governor shall reject the application and not issue circulation sheets
622
if:
623
(a) the law proposed by the initiative is patently unconstitutional;
624
(b) the law proposed by the initiative is nonsensical;
625
(c) the proposed law could not become law if passed;
626
(d) the law contains more than one subject;
627
(e) the subject of the law is not clearly expressed in the law's title; or
628
(f) the law proposed by the initiative is identical or substantially similar to a law
629
proposed by an initiative that was submitted to the county clerks and lieutenant governor for
630
certification and evaluation within two years preceding the date on which the application for
631
this initiative was filed.
632
Section 9.
Section
20A-7-202.5
is amended to read:
633
20A-7-202.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
634
to estimate.
635
(1) Within three working days of receipt of an application for an initiative petition, the
636
lieutenant governor shall submit a copy of the application to the Governor's Office of Planning
637
and Budget.
638
(2) (a) The Governor's Office of Planning and Budget shall prepare an unbiased, good
639
faith estimate of the fiscal impact of the law proposed by the initiative that contains:
640
(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
641
(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
642
the total estimated increase or decrease for each type of tax affected under the proposed law
643
and a dollar amount representing the total estimated increase or decrease in taxes under the
644
proposed law;
645
(iii) if the proposed law would result in the issuance or a change in the status of bonds,

646
notes, or other debt instruments, a dollar amount representing the total estimated increase or
647
decrease in public debt under the proposed law;
648
(iv) a listing of all sources of funding for the estimated costs associated with the
649
proposed law showing each source of funding and the percentage of total funding provided
650
from each source;
651
(v) a dollar amount representing the estimated costs or savings, if any, to state and
652
local government entities under the proposed law; and
653
(vi) a concise explanation, not exceeding 100 words, of the above information and of
654
the estimated fiscal impact, if any, under the proposed law.
655
(b) (i) If the proposed law is estimated to have no fiscal impact, the Governor's Office
656
of Planning and Budget shall include a summary statement in the initial fiscal impact statement
657
in substantially the following form:
658
"The Governor's Office of Planning and Budget estimates that the law proposed by this
659
initiative would have no significant fiscal impact and would not result in either an increase or
660
decrease in taxes or debt."
661
(ii) If the proposed law is estimated to have a fiscal impact, the Governor's Office of
662
Planning and Budget shall include a summary statement in the initial fiscal impact estimate in
663
substantially the following form:
664
"The Governor's Office of Planning and Budget estimates that the law proposed by this
665
initiative would result in a total fiscal expense/savings of $______, which includes a (type of
666
tax or taxes) tax increase/decrease of $______ and a $______ increase/decrease in state debt."
667
(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
668
difficult to reasonably express in a summary statement, the Governor's Office of Planning and
669
Budget may include in the summary statement a brief explanation that identifies those factors
670
affecting the variability or difficulty of the estimate.
671
(3) The Governor's Office of Planning and Budget shall prepare an unbiased, good
672
faith estimate of the cost of printing and distributing information related to the initiative
673
petition in:

674
(a) the voter information pamphlet as required by Title 20A, Chapter 7, Part 7, Voter
675
Information Pamphlet; or
676
(b) the newspaper, as required by Section
20A-7-702
.
677
[(3)] (4) Within 25 calendar days from the date that the lieutenant governor delivers a
678
copy of the application, the Governor's Office of Planning and Budget shall:
679
(a) deliver a copy of the initial fiscal impact estimate to the lieutenant governor's
680
office; and
681
(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
682
the initiative application.
683
[(4)] (5) (a) (i) Three or more of the sponsors of the petition may, within 20 calendar
684
days of the date of delivery of the initial fiscal impact estimate to the lieutenant governor's
685
office, file a petition with the Supreme Court, alleging that the initial fiscal impact estimate,
686
taken as a whole, is an inaccurate estimate of the fiscal impact of the initiative.
687
(ii) After receipt of the appeal, the Supreme Court shall direct the lieutenant governor
688
to send notice of the petition to:
689
(A) any person or group that has filed an argument with the lieutenant governor's office
690
for or against the measure that is the subject of the challenge; and
691
(B) any political issues committee established under Section
20A-11-801
that has filed
692
written or electronic notice with the lieutenant governor that identifies the name, mailing or
693
email address, and telephone number of the person designated to receive notice about any
694
issues relating to the initiative.
695
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
696
Governor's Office of Planning and Budget is based upon reasonable assumptions, uses
697
reasonable data, and applies accepted analytical methods to present the estimated fiscal impact
698
of the initiative.
699
(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
700
initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
701
evidence that establishes that the initial fiscal estimate, taken as a whole, is an inaccurate

702
statement of the estimated fiscal impact of the initiative.
703
(iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
704
to a master to examine the issue and make a report in accordance with Utah Rules of Civil
705
Procedure, Rule 53.
706
(c) The Supreme Court shall certify to the lieutenant governor a fiscal impact estimate
707
for the measure that meets the requirements of this section.
708
Section 10.
Section
20A-7-203
is amended to read:
709
20A-7-203. Form of initiative petition and signature sheets.
710
(1) (a) Each proposed initiative petition shall be printed in substantially the following
711
form:
712
"INITIATIVE PETITION To the Honorable ____, Lieutenant Governor:
713
We, the undersigned citizens of Utah, respectfully demand that the following proposed
714
law be submitted to the legal voters/Legislature of Utah for their/its approval or rejection at the
715
regular general election/session to be held/ beginning on _________(month\day\year);
716
Each signer says:
717
I have personally signed this petition;
718
I am registered to vote in Utah or intend to become registered to vote in Utah before the
719
certification of the petition names by the county clerk; and
720
My residence and post office address are written correctly after my name.
721
NOTICE TO SIGNERS:
722
Public hearings to discuss this petition were held at: (list dates and locations of public
723
hearings.)"
724
(b) The sponsors of an initiative shall attach a copy of the proposed law to each
725
initiative petition.
726
(2) Each signature sheet shall:
727
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
728
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
729
blank for the purpose of binding;

730
(c) contain the title of the initiative printed below the horizontal line;
731
(d) contain the initial fiscal impact estimate's summary statement issued by the
732
Governor's Office of Planning and Budget according to Subsection
20A-7-202.5
(2)(b) and the
733
cost estimate for printing and distributing information related to the initiative petition
734
according to Subsection
20A-7-202.5
(3), printed or typed in not less than 12-point, bold type,
735
at the top of each signature sheet under the title of the initiative;
736
(e) contain the word "Warning" printed or typed at the top of each signature sheet
737
under the initial fiscal impact estimate's summary statement;
738
(f) contain, to the right of the word "Warning," the following statement printed or
739
typed in not less than eight-point, single leaded type:
740
"It is a class A misdemeanor for anyone to sign any initiative petition with any other
741
name than his own, or knowingly to sign his name more than once for the same measure, or to
742
sign an initiative petition when he knows he is not a registered voter and knows that he does
743
not intend to become registered to vote before the certification of the petition names by the
744
county clerk."; and
745
(g) be vertically divided into columns as follows:
746
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
747
headed with "For Office Use Only," and be subdivided with a light vertical line down the
748
middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
749
(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
750
Name (must be legible to be counted)";
751
(iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
752
Voter";
753
(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
754
(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
755
Code"; and
756
(vi) at the bottom of the sheet, contain the following statement: "Birth date or age
757
information is not required, but it may be used to verify your identity with voter registration

758
records. If you choose not to provide it, your signature may not be verified as a valid signature
759
if you change your address before petition signatures are verified or if the information you
760
provide does not match your voter registration records."
761
(3) The final page of each initiative packet shall contain the following printed or typed
762
statement:
763
"Verification
764
State of Utah, County of ____
765
I, _______________, of ____, hereby state that:
766
I am a resident of Utah and am at least 18 years old;
767
All the names that appear in this packet were signed by persons who professed to be the
768
persons whose names appear in it, and each of them signed his name on it in my presence;
769
I believe that each has printed and signed his name and written his post office address
770
and residence correctly, and that each signer is registered to vote in Utah or intends to become
771
registered to vote before the certification of the petition names by the county clerk.
772
I have not paid or given anything of value to any person who signed this petition to
773
encourage that person to sign it.
774
________________________________________________________________________
775
(Name) (Residence Address) (Date)"
776
(4) The forms prescribed in this section are not mandatory, and, if substantially
777
followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
778
errors.
779
Section 11.
Section
20A-7-205
is amended to read:
780
20A-7-205. Obtaining signatures -- Verification -- Removal of signature.
781
(1) A Utah voter may sign an initiative petition if the voter is a legal voter.
782
(2) (a) The sponsors shall ensure that the person in whose presence each signature
783
sheet was signed:
784
[(a)] (i) is at least 18 years old and meets the residency requirements of Section
785
20A-2-105
; and

786
[(b)] (ii) verifies each signature sheet by completing the verification printed on the last
787
page of each initiative packet.
788
(b) A person may not sign the verification printed on the last page of the initiative
789
packet if the person signed a signature sheet in the initiative packet.
790
(3) (a) A voter who has signed an initiative petition may have the voter's signature
791
removed from the petition by submitting to the county clerk a statement requesting that the
792
voter's signature be removed.
793
(b) The statement shall include:
794
(i) the name of the voter;
795
(ii) the resident address at which the voter is registered to vote;
796
(iii) the last four digits of the voter's Social Security number;
797
(iv) the driver license or identification card number; and
798
(v) the signature of the voter.
799
(c) A voter may not submit a statement by email or other electronic means.
800
(d) In order for the signature to be removed, the statement must be received by the
801
county clerk before May 15.
802
(e) The county clerk shall deliver all statements received under this Subsection (3):
803
(i) with the initiative petition packets delivered to the lieutenant governor; or
804
(ii) in a supplemental delivery to the lieutenant governor for a statement submitted
805
after the county clerk delivered the initiative packets.
806
(f) A person may only remove a signature from an initiative petition in accordance with
807
this Subsection (3).
808
Section 12.
Section
20A-7-206
is amended to read:
809
20A-7-206. Submitting the initiative petition -- Certification of signatures by the
810
county clerks -- Transfer to lieutenant governor.
811
(1) (a) In order to qualify an initiative petition for placement on the regular general
812
election ballot, the sponsors shall deliver each signed and verified initiative packet to the
813
county clerk of the county in which the packet was circulated [no later than] on or before the

814
sooner of:
815
(i) 316 days after the day on which the application is filed; or
816
(ii) the April 15 immediately before the next regular general election immediately after
817
the application is filed under Section
20A-7-202
.
818
(b) A sponsor may not submit an initiative packet after the deadline established in this
819
Subsection (1).
820
(2) (a) No later than May 1 before the regular general election, the county clerk shall:
821
[(a)] (i) check the names of all persons completing the verification for the initiative
822
packet to determine whether [or not] those persons are residents of Utah and are at least 18
823
years old; and
824
[(b)] (ii) submit the name of each of those persons who is not a Utah resident or who is
825
not at least 18 years old to the attorney general and county attorney.
826
(b) The county clerk may not certify a signature under Subsection (3) on an initiative
827
packet that is not verified in accordance with Section
20A-7-205
.
828
(3) No later than May 15 before the regular general election, the county clerk shall:
829
(a) determine whether [or not] each signer is a registered voter according to the
830
requirements of Section
20A-7-206.3
;
831
(b) certify on the petition whether [or not] each name is that of a registered voter; and
832
(c) deliver all of the verified initiative packets to the lieutenant governor.
833
(4) Upon receipt of an initiative packet under Subsection (3) and any statement
834
submitted under Subsection
20A-7-205
(3), the lieutenant governor shall remove from the
835
initiative petition a voter's signature if the voter has requested the removal in accordance with
836
Subsection
20A-7-205
(3).
837
(5) In order to qualify an initiative petition for submission to the Legislature, the
838
sponsors shall deliver each signed and verified initiative packet to the county clerk of the
839
county in which the packet was circulated by the November 15 before the next annual general
840
session of the Legislature immediately after the application is filed under Section
20A-7-202
.
841
(6) (a) No later than December 1 before the annual general session of the Legislature,

842
the county clerk shall:
843
[(a)] (i) check the names of all persons completing the verification for the initiative
844
packet to determine whether [or not] those persons are Utah residents and are at least 18 years
845
old; and
846
[(b)] (ii) submit the name of each of those persons who is not a Utah resident or who is
847
not at least 18 years old to the attorney general and county attorney.
848
(b) The county clerk may not certify a signature under Subsection (7) on an initiative
849
packet that is not verified in accordance with Section
20A-7-205
.
850
(7) No later than December 15 before the annual general session of the Legislature, the
851
county clerk shall:
852
(a) determine whether [or not] each signer is a registered voter according to the
853
requirements of Section
20A-7-206.3
;
854
(b) certify on the petition whether [or not] each name is that of a registered voter; and
855
(c) deliver all of the verified initiative packets to the lieutenant governor.
856
(8) Initiative packets are public once they are delivered to the county clerks.
857
(9) The sponsor or their representatives may not retrieve initiative packets from the
858
county clerks once they have submitted them.
859
Section 13.
Section
20A-7-206.3
is amended to read:
860
20A-7-206.3. Verification of petition signatures.
861
(1) (a) For the purposes of this section, "substantially similar name" means:
862
(i) the given name and surname shown on the petition, or both, contain only minor
863
spelling differences when compared to the given name and surname shown on the official
864
register;
865
(ii) the surname shown on the petition exactly matches the surname shown on the
866
official register, and the given names differ only because one of the given names shown is a
867
commonly used abbreviation or variation of the other;
868
(iii) the surname shown on the petition exactly matches the surname shown on the
869
official register, and the given names differ only because one of the given names shown is

870
accompanied by a first or middle initial or a middle name which is not shown on the other
871
record; or
872
(iv) the surname shown on the petition exactly matches the surname shown on the
873
official register, and the given names differ only because one of the given names shown is an
874
alphabetically corresponding initial that has been provided in the place of a given name shown
875
on the other record.
876
(b) For the purposes of this section, "substantially similar name" does not mean a name
877
having an initial or a middle name shown on the petition that does not match a different initial
878
or middle name shown on the official register.
879
(2) The county clerk shall use the following procedures in determining whether or not a
880
signer is a registered voter:
881
(a) When a signer's name and address shown on the petition exactly match a name and
882
address shown on the official register and the signer's signature appears substantially similar to
883
the signature on the statewide voter registration database, the county clerk shall declare the
884
signature valid.
885
(b) When there is no exact match of an address and a name, the county clerk shall
886
declare the signature valid if:
887
(i) the address on the petition matches the address of a person on the official register
888
with a substantially similar name[.]; and
889
(ii) the signer's signature appears substantially similar to the signature on the statewide
890
voter registration database of the person described in Subsection (2)(b)(i).
891
(c) When there is no match of an address and a substantially similar name, the county
892
clerk shall declare the signature valid if:
893
(i) the birth date or age on the petition matches the birth date or age of a person on the
894
official register with a substantially similar name[.]; and
895
(ii) the signer's signature appears substantially similar to the signature on the statewide
896
voter registration database of the person described in Subsection (2)(c)(i).
897
(d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the

898
county clerk shall declare the signature to be invalid.
899
Section 14.
Section
20A-7-207
is amended to read:
900
20A-7-207. Evaluation by the lieutenant governor.
901
(1) When each initiative packet is received from a county clerk, the lieutenant governor
902
shall check off from the record the number of each initiative packet filed.
903
(2) (a) After all of the initiative packets have been received by the lieutenant governor
904
and the lieutenant governor has removed the signatures as required by Section
20A-7-206
, the
905
lieutenant governor shall:
906
(i) count the number of the names certified by the county clerks that remain on each
907
verified signature sheet; and
908
(ii) declare the petition to be sufficient or insufficient by June 1 before the regular
909
general election described in Subsection
20A-7-201
(2)(b).
910
(b) If the total number of names counted under Subsection (2)(a)(i) equals or exceeds
911
the number of names required by Section
20A-7-201
and the requirements of this part are met,
912
the lieutenant governor shall mark upon the front of the petition the word "sufficient."
913
(c) If the total number of names counted under Subsection (2)(a)(i) does not equal or
914
exceed the number of names required by Section
20A-7-201
or a requirement of this part is not
915
met, the lieutenant governor shall mark upon the front of the petition the word "insufficient."
916
(d) The lieutenant governor shall immediately notify any one of the sponsors of [his]
917
the lieutenant governor's finding.
918
(3) Once a petition is declared insufficient, the sponsors may not submit additional
919
signatures to qualify the petition [for the pending regular general election] for the ballot.
920
(4) (a) If the lieutenant governor refuses to accept and file any initiative petition that a
921
sponsor believes is legally sufficient, any voter may, by June 15, apply to the supreme court for
922
an extraordinary writ to compel the lieutenant governor to do so.
923
(b) The supreme court shall:
924
(i) determine whether or not the initiative petition is legally sufficient; and
925
(ii) certify its findings to the lieutenant governor.

926
(c) If the supreme court certifies that the initiative petition is legally sufficient, the
927
lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the
928
date on which it was originally offered for filing in [his] the lieutenant governor's office.
929
(d) If the supreme court determines that any petition filed is not legally sufficient, the
930
supreme court may enjoin the lieutenant governor and all other officers from certifying or
931
printing the ballot title and numbers of that measure on the official ballot [for the next
932
election].
933
(5) A petition determined to be sufficient in accordance with this section is qualified
934
for the ballot.
935
Section 15.
Section
20A-7-301
is amended to read:
936
20A-7-301. Referendum -- Signature requirements -- Submission to voters.
937
(1) (a) A person seeking to have a law passed by the Legislature submitted to a vote of
938
the people shall obtain:
939
(i) legal signatures equal to 10% of the cumulative total of all votes cast by voters of
940
this state for all candidates for [governor] President of the United States at the last regular
941
general election at which a [governor] President of the United States was elected; and
942
(ii) from each of at least 15 counties, legal signatures equal to 10% of the total of all
943
votes cast in that county for all candidates for [governor] President of the United States at the
944
last regular general election at which a [governor] President of the United States was elected.
945
(b) When the lieutenant governor declares a referendum petition sufficient under this
946
part, the governor shall issue an executive order that:
947
(i) directs that the referendum be submitted to the voters at the next regular general
948
election; or
949
(ii) calls a special election according to the requirements of Section
20A-1-203
and
950
directs that the referendum be submitted to the voters at that special election.
951
(2) When a referendum petition has been declared sufficient, the law that is the subject
952
of the petition does not take effect unless and until it is approved by a vote of the people at a
953
regular general election or a statewide special election.

954
(3) The lieutenant governor shall provide to any interested person from the official
955
canvass of the last regular general election at which a [governor] President of the United States
956
was elected:
957
(a) the cumulative total of all votes cast by voters of this state for all candidates for
958
[governor] President of the United States; and
959
(b) for each county, the total of all votes cast in that county for all candidates for
960
[governor] President of the United States.
961
Section 16.
Section
20A-7-305
is amended to read:
962
20A-7-305. Obtaining signatures -- Verification -- Removal of signature.
963
(1) A Utah voter may sign a referendum petition if the voter is a legal voter.
964
(2) (a) The sponsors shall ensure that the person in whose presence each signature
965
sheet was signed:
966
[(a)] (i) is at least 18 years old and meets the residency requirements of Section
967
20A-2-105
; and
968
[(b)] (ii) verifies each signature sheet by completing the verification printed on the last
969
page of each [signature sheet] referendum packet.
970
(b) A person may not sign the verification printed on the last page of the referendum
971
packet if the person signed a signature sheet in the referendum packet.
972
(3) (a) (i) A voter who has signed a referendum petition may have the voter's signature
973
removed from the petition by submitting to the county clerk a statement requesting that the
974
voter's signature be removed.
975
(b) The statement shall include:
976
(i) the name of the voter;
977
(ii) the resident address at which the voter is registered to vote;
978
(iii) the last four digits of the voter's Social Security number;
979
(iv) the driver license or identification card number; and
980
(v) the signature of the voter.
981
(c) A voter may not submit a statement by email or other electronic means.

982
(d) In order for the signature to be removed, the statement must be received by the
983
county clerk before the day which is 55 days after the end of the legislative session at which the
984
law passed.
985
(e) The county clerk shall deliver all statements received under this Subsection (3):
986
(i) with the referendum petition packets to the lieutenant governor; or
987
(ii) in a supplemental delivery to the lieutenant governor for a statement submitted
988
after the county clerk delivered the referendum petition packets.
989
(f) A person may only remove a signature from a referendum petition in accordance
990
with this Subsection (3).
991
Section 17.
Section
20A-7-306
is amended to read:
992
20A-7-306. Submitting the referendum petition -- Certification of signatures by
993
the county clerks -- Transfer to lieutenant governor.
994
(1) (a) No later than 40 days after the end of the legislative session at which the law
995
passed, the sponsors shall deliver each signed and verified referendum packet to the county
996
clerk of the county in which the packet was circulated.
997
(b) A sponsor may not submit a referendum packet after the deadline established in this
998
Subsection (1).
999
(2) (a) No later than 55 days after the end of the legislative session at which the law
1000
passed, the county clerk shall:
1001
[(a)] (i) check the names of all persons completing the verification on the [back of] last
1002
page of each [signature sheet] referendum packet to determine whether or not those persons are
1003
Utah residents and are at least 18 years old; and
1004
[(b)] (ii) submit the name of each of those persons who is not a Utah resident or who is
1005
not at least 18 years old to the attorney general and county attorney.
1006
(b) The county clerk may not certify a signature under Subsection (3) on a referendum
1007
packet that is not verified in accordance with Section
20A-7-305
.
1008
(3) No later than 55 days after the end of the legislative session at which the law
1009
passed, the county clerk shall:

1010
(a) determine whether [or not] each signer is a registered voter according to the
1011
requirements of Section
20A-7-306.3
;
1012
(b) certify on the referendum petition whether [or not] each name is that of a registered
1013
voter; and
1014
(c) deliver all of the verified referendum packets to the lieutenant governor.
1015
(4) Upon receipt of a referendum packet under Subsection (3) and any statement
1016
submitted under Subsection
20A-7-305
(3), the lieutenant governor shall remove from the
1017
referendum petition a voter's signature if the voter has requested the removal in accordance
1018
with Subsection
20A-7-305
(3).
1019
Section 18.
Section
20A-7-306.3
is amended to read:
1020
20A-7-306.3. Verification of petition signatures.
1021
(1) (a) For the purposes of this section, "substantially similar name" means:
1022
(i) the given name and surname shown on the petition, or both, contain only minor
1023
spelling differences when compared to the given name and surname shown on the official
1024
register;
1025
(ii) the surname shown on the petition exactly matches the surname shown on the
1026
official register, and the given names differ only because one of the given names shown is a
1027
commonly used abbreviation or variation of the other;
1028
(iii) the surname shown on the petition exactly matches the surname shown on the
1029
official register, and the given names differ only because one of the given names shown is
1030
accompanied by a first or middle initial or a middle name which is not shown on the other
1031
record; or
1032
(iv) the surname shown on the petition exactly matches the surname shown on the
1033
official register, and the given names differ only because one of the given names shown is an
1034
alphabetically corresponding initial that has been provided in the place of a given name shown
1035
on the other record.
1036
(b) For the purposes of this section, "substantially similar name" does not mean a name
1037
having an initial or a middle name shown on the petition that does not match a different initial

1038
or middle name shown on the official register.
1039
(2) The county clerk shall use the following procedures in determining whether or not a
1040
signer is a registered voter:
1041
(a) When a signer's name and address shown on the petition exactly match a name and
1042
address shown on the official register and the signer's signature appears substantially similar to
1043
the signature on the statewide voter registration database, the county clerk shall declare the
1044
signature valid.
1045
(b) When there is no exact match of an address and a name, the county clerk shall
1046
declare the signature valid if:
1047
(i) the address on the petition matches the address of a person on the official register
1048
with a substantially similar name[.]; and
1049
(ii) the signer's signature appears substantially similar to the signature on the statewide
1050
voter registration database of the person described in Subsection (2)(b)(i).
1051
(c) When there is no match of an address and a substantially similar name, the county
1052
clerk shall declare the signature valid if:
1053
(i) the birth date or age on the petition matches the birth date or age of a person on the
1054
official register with a substantially similar name[.]; and
1055
(ii) the signer's signature appears substantially similar to the signature on the statewide
1056
voter registration database of the person described in Subsection (2)(c)(i).
1057
(d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1058
clerk shall declare the signature to be invalid.
1059
Section 19.
Section
20A-7-307
is amended to read:
1060
20A-7-307. Evaluation by the lieutenant governor.
1061
(1) When each referendum packet is received from a county clerk, the lieutenant
1062
governor shall check off from the record the number of each referendum packet filed.
1063
(2) (a) After all of the referendum packets have been received by the lieutenant
1064
governor and the lieutenant governor has removed the signatures as required by Section
1065
20A-7-306
, the lieutenant governor shall:

1066
(i) count the number of the names certified by the county clerks that remain on each
1067
verified signature sheet; and
1068
(ii) declare the petition to be sufficient or insufficient no later than 60 days after the
1069
end of the legislative session at which the law passed.
1070
(b) If the total number of names counted under Subsection (2)(a)(i) equals or exceeds
1071
the number of names required by Section
20A-7-301
and the requirements of this part are met,
1072
the lieutenant governor shall mark upon the front of the petition the word "sufficient."
1073
(c) If the total number of names counted under Subsection (2)(a)(i) does not equal or
1074
exceed the number of names required by Section
20A-7-301
or a requirement of this part is not
1075
met, the lieutenant governor shall mark upon the front of the petition the word "insufficient."
1076
(d) The lieutenant governor shall immediately notify any one of the sponsors of [his]
1077
the lieutenant governor's finding.
1078
(3) (a) If the lieutenant governor refuses to accept and file any referendum petition, any
1079
voter may apply to the supreme court for an extraordinary writ to compel [him] the lieutenant
1080
governor to do so within 10 days after the refusal.
1081
(b) If the supreme court determines that the referendum petition is legally sufficient,
1082
the lieutenant governor shall file it, with a verified copy of the judgment attached to it, as of the
1083
date on which it was originally offered for filing in [his] the lieutenant governor's office.
1084
(c) If the supreme court determines that any petition filed is not legally sufficient, the
1085
supreme court may enjoin the lieutenant governor and all other officers from certifying or
1086
printing the ballot title and numbers of that measure on the official ballot [for the next
1087
election].
1088
(4) A petition determined to be sufficient in accordance with this section is qualified
1089
for the ballot.
1090
Section 20.
Section
20A-7-501
is amended to read:
1091
20A-7-501. Initiatives.
1092
(1) (a) Except as provided in Subsection (1)(b), a person seeking to have an initiative
1093
submitted to a local legislative body or to a vote of the people for approval or rejection shall

1094
obtain legal signatures equal to:
1095
(i) 10% of all the votes cast in the county, city, or town for all candidates for
1096
[governor] President of the United States at the last election at which a [governor] President of
1097
the United States was elected if the total number of votes exceeds 25,000;
1098
(ii) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
1099
[governor] President of the United States at the last election at which a [governor] President of
1100
the United States was elected if the total number of votes does not exceed 25,000 but is more
1101
than 10,000;
1102
(iii) 15% of all the votes cast in the county, city, or town for all candidates for
1103
[governor] President of the United States at the last election at which a [governor] President of
1104
the United States was elected if the total number of votes does not exceed 10,000 but is more
1105
than 2,500;
1106
(iv) 20% of all the votes cast in the county, city, or town for all candidates for
1107
[governor] President of the United States at the last election at which a [governor] President of
1108
the United States was elected if the total number of votes does not exceed 2,500 but is more
1109
than 500;
1110
(v) 25% of all the votes cast in the county, city, or town for all candidates for
1111
[governor] President of the United States at the last election at which a [governor] President of
1112
the United States was elected if the total number of votes does not exceed 500 but is more than
1113
250; and
1114
(vi) 30% of all the votes cast in the county, city, or town for all candidates for
1115
[governor] President of the United States at the last election at which a [governor] President of
1116
the United States was elected if the total number of votes does not exceed 250.
1117
(b) In addition to the signature requirements of Subsection (1)(a), a person seeking to
1118
have an initiative submitted to a local legislative body or to a vote of the people for approval or
1119
rejection in a county, city, or town where the local legislative body is elected from council
1120
districts shall obtain, from each of a majority of council districts, legal signatures equal to the
1121
percentages established in Subsection (1)(a).

1122
(2) If the total number of certified names from each verified signature sheet equals or
1123
exceeds the number of names required by this section, the clerk or recorder shall deliver the
1124
proposed law to the local legislative body at its next meeting.
1125
(3) (a) The local legislative body shall either adopt or reject the proposed law without
1126
change or amendment within 30 days of receipt of the proposed law.
1127
(b) The local legislative body may:
1128
(i) adopt the proposed law and refer it to the people;
1129
(ii) adopt the proposed law without referring it to the people; or
1130
(iii) reject the proposed law.
1131
(c) If the local legislative body adopts the proposed law but does not refer it to the
1132
people, it is subject to referendum as with other local laws.
1133
(d) (i) If a county legislative body rejects a proposed county ordinance or amendment,
1134
or takes no action on it, the county clerk shall submit it to the voters of the county at the next
1135
regular general election immediately after the petition is filed under Section
20A-7-502
.
1136
(ii) If a local legislative body rejects a proposed municipal ordinance or amendment, or
1137
takes no action on it, the municipal recorder or clerk shall submit it to the voters of the
1138
municipality at the next municipal general election immediately after the petition is filed under
1139
Section
20A-7-502
.
1140
(e) (i) If the local legislative body rejects the proposed ordinance or amendment, or
1141
takes no action on it, the local legislative body may adopt a competing local law.
1142
(ii) The local legislative body shall prepare and adopt the competing local law within
1143
the 30 days allowed for its action on the measure proposed by initiative petition.
1144
(iii) If the local legislative body adopts a competing local law, the clerk or recorder
1145
shall submit it to the voters of the county or municipality at the same election at which the
1146
initiative proposal is submitted.
1147
(f) If conflicting local laws are submitted to the people at the same election and two or
1148
more of the conflicting measures are approved by the people, then the measure that receives the
1149
greatest number of affirmative votes shall control all conflicts.

1150
Section 21.
Section
20A-7-502.5
is amended to read:
1151
20A-7-502.5. Initial fiscal impact estimate -- Preparation of estimate -- Challenge
1152
to estimate.
1153
(1) Within three working days of receipt of an application for an initiative petition, the
1154
local clerk shall submit a copy of the application to the budget officer.
1155
(2) (a) The budget officer shall prepare an unbiased, good faith estimate of the fiscal
1156
impact of the law proposed by the initiative that contains:
1157
(i) a dollar amount representing the total estimated fiscal impact of the proposed law;
1158
(ii) if the proposed law would increase or decrease taxes, a dollar amount representing
1159
the total estimated increase or decrease for each type of tax affected under the proposed law
1160
and a dollar amount representing the total estimated increase or decrease in taxes under the
1161
proposed law;
1162
(iii) if the proposed law would result in the issuance or a change in the status of bonds,
1163
notes, or other debt instruments, a dollar amount representing the total estimated increase or
1164
decrease in public debt under the proposed law;
1165
(iv) a listing of all sources of funding for the estimated costs associated with the
1166
proposed law showing each source of funding and the percentage of total funding provided
1167
from each source;
1168
(v) a dollar amount representing the estimated costs or savings, if any, to state and
1169
local government entities under the proposed law; and
1170
(vi) a concise explanation, not exceeding 100 words, of the above information and of
1171
the estimated fiscal impact, if any, under the proposed law.
1172
(b) (i) If the proposed law is estimated to have no fiscal impact, the local budget officer
1173
shall include a summary statement in the initial fiscal impact statement in substantially the
1174
following form:
1175
"The (title of the local budget officer) estimates that the law proposed by this initiative
1176
would have no significant fiscal impact and would not result in either an increase or decrease in
1177
taxes or debt."

1178
(ii) If the proposed law is estimated to have a fiscal impact, the local budget officer
1179
shall include a summary statement in the initial fiscal impact estimate in substantially the
1180
following form:
1181
"The (title of the local budget officer) estimates that the law proposed by this initiative
1182
would result in a total fiscal expense/savings of $______, which includes a (type of tax or
1183
taxes) tax increase/decrease of $______ and a $______ increase/decrease in public debt."
1184
(iii) If the estimated fiscal impact of the proposed law is highly variable or is otherwise
1185
difficult to reasonably express in a summary statement, the local budget officer may include in
1186
the summary statement a brief explanation that identifies those factors affecting the variability
1187
or difficulty of the estimate.
1188
(3) The budget officer shall prepare an unbiased, good faith estimate of the cost of
1189
printing and distributing information related to the initiative petition in the voter information
1190
pamphlet as required by Section
20A-7-402
.
1191
[(3)] (4) Within 25 calendar days from the date that the local clerk delivers a copy of
1192
the application, the budget officer shall:
1193
(a) deliver a copy of the initial fiscal impact estimate to the local clerk's office; and
1194
(b) mail a copy of the initial fiscal impact estimate to the first five sponsors named in
1195
the application.
1196
[(4)] (5) (a) Three or more of the sponsors of the petition may, within 20 calendar days
1197
of the date of delivery of the initial fiscal impact estimate to the local clerk's office, file a
1198
petition with the Supreme Court, alleging that the initial fiscal impact estimate, taken as a
1199
whole, is an inaccurate estimate of the fiscal impact of the initiative.
1200
(b) (i) There is a presumption that the initial fiscal impact estimate prepared by the
1201
budget officer is based upon reasonable assumptions, uses reasonable data, and applies
1202
accepted analytical methods to present the estimated fiscal impact of the initiative.
1203
(ii) The Supreme Court may not revise the contents of, or direct the revision of, the
1204
initial fiscal impact estimate unless the plaintiffs rebut the presumption by clear and convincing
1205
evidence that establishes that the fiscal estimate, taken as a whole, is an inaccurate statement of

1206
the estimated fiscal impact of the initiative.
1207
(iii) The Supreme Court may refer an issue related to the initial fiscal impact estimate
1208
to a master to examine the issue and make a report in accordance with Utah Rules of Civil
1209
Procedure, Rule 53.
1210
(c) The Supreme Court shall certify to the local clerk an initial fiscal impact estimate
1211
for the measure that meets the requirements of this section.
1212
Section 22.
Section
20A-7-503
is amended to read:
1213
20A-7-503. Form of initiative petitions and signature sheets.
1214
(1) (a) Each proposed initiative petition shall be printed in substantially the following
1215
form:
1216
"INITIATIVE PETITION To the Honorable ____, County Clerk/City Recorder/Town
1217
Clerk:
1218
We, the undersigned citizens of Utah, respectfully demand that the following proposed
1219
law be submitted to: the legislative body for its approval or rejection at its next meeting; and
1220
the legal voters of the county/city/town, if the legislative body rejects the proposed law or takes
1221
no action on it.
1222
Each signer says:
1223
I have personally signed this petition;
1224
I am registered to vote in Utah or intend to become registered to vote in Utah before the
1225
certification of the petition names by the county clerk; and
1226
My residence and post office address are written correctly after my name."
1227
(b) The sponsors of an initiative shall attach a copy of the proposed law to each
1228
initiative petition.
1229
(2) Each signature sheet shall:
1230
(a) be printed on sheets of paper 8-1/2 inches long and 11 inches wide;
1231
(b) be ruled with a horizontal line 3/4 inch from the top, with the space above that line
1232
blank for the purpose of binding;
1233
(c) contain the title of the initiative printed below the horizontal line;

1234
(d) contain the initial fiscal impact estimate's summary statement issued by the budget
1235
officer according to Subsection
20A-7-502.5
(2)(b) and the cost estimate for printing and
1236
distributing information related to the initiative petition according to Subsection
1237
20A-7-502.5
(3) printed or typed in not less than 12-point, bold type, at the top of each
1238
signature sheet under the title of the initiative;
1239
(e) contain the word "Warning" printed or typed at the top of each signature sheet
1240
under the initial fiscal impact estimate's summary statement;
1241
(f) contain, to the right of the word "Warning," the following statement printed or
1242
typed in not less than eight-point, single leaded type:
1243
"It is a class A misdemeanor for anyone to sign any initiative petition with any other
1244
name than his own, or knowingly to sign his name more than once for the same measure, or to
1245
sign an initiative petition when he knows he is not a registered voter and knows that he does
1246
not intend to become registered to vote before the certification of the petition names by the
1247
county clerk.";
1248
(g) contain horizontally ruled lines, 3/8 inch apart under the "Warning" statement
1249
required by this section;
1250
(h) be vertically divided into columns as follows:
1251
(i) the first column shall appear at the extreme left of the sheet, be 5/8 inch wide, be
1252
headed with "For Office Use Only", and be subdivided with a light vertical line down the
1253
middle with the left subdivision entitled "Registered" and the right subdivision left untitled;
1254
(ii) the next column shall be 2-1/2 inches wide, headed "Registered Voter's Printed
1255
Name (must be legible to be counted)";
1256
(iii) the next column shall be 2-1/2 inches wide, headed "Signature of Registered
1257
Voter";
1258
(iv) the next column shall be one inch wide, headed "Birth Date or Age (Optional)";
1259
(v) the final column shall be 4-3/8 inches wide, headed "Street Address, City, Zip
1260
Code"; and
1261
(vi) at the bottom of the sheet, contain the following statement: "Birth date or age

1262
information is not required, but it may be used to verify your identity with voter registration
1263
records. If you choose not to provide it, your signature may not be verified as a valid signature
1264
if you change your address before petition signatures are verified or if the information you
1265
provide does not match your voter registration records."; and
1266
(i) contain the following statement, printed or typed upon the back of each sheet:
1267
"Verification
1268
State of Utah, County of ____
1269
I, _______________, of ____, hereby state that:
1270
I am a resident of Utah and am at least 18 years old;
1271
All the names that appear on this sheet were signed by persons who professed to be the
1272
persons whose names appear in it, and each of them signed his name on it in my presence;
1273
I believe that each has printed and signed his name and written his post office address
1274
and residence correctly, and that each signer is registered to vote in Utah or intends to become
1275
registered to vote before the certification of the petition names by the county clerk.
1276
_____________________________"
1277
(3) The forms prescribed in this section are not mandatory, and, if substantially
1278
followed, the initiative petitions are sufficient, notwithstanding clerical and merely technical
1279
errors.
1280
Section 23.
Section
20A-7-505
is amended to read:
1281
20A-7-505. Obtaining signatures -- Verification -- Removal of signature.
1282
(1) Any Utah voter may sign a local initiative petition if the voter is a legal voter and
1283
resides in the local jurisdiction.
1284
(2) (a) The sponsors shall ensure that the person in whose presence each signature
1285
sheet was signed:
1286
[(a)] (i) is at least 18 years old and meets the residency requirements of Section
1287
20A-2-105
; and
1288
[(b)] (ii) verifies each signature sheet by completing the verification printed on the
1289
back of each signature sheet.

1290
(b) A person may not sign the verification printed on the last page of the initiative
1291
packet if the person signed a signature sheet in the initiative packet.
1292
(3) (a) (i) Any voter who has signed an initiative petition may have [his] the voter's
1293
signature removed from the petition by submitting a notarized statement to that effect to the
1294
local clerk.
1295
(ii) In order for the signature to be removed, the statement must be received by the
1296
local clerk before he delivers the petition to the county clerk to be certified.
1297
(b) Upon receipt of the statement, the local clerk shall remove the signature of the
1298
person submitting the statement from the initiative petition.
1299
(c) No one may remove signatures from an initiative petition after the petition is
1300
submitted to the county clerk to be certified.
1301
Section 24.
Section
20A-7-506
is amended to read:
1302
20A-7-506. Submitting the initiative petition -- Certification of signatures by the
1303
county clerks -- Transfer to local clerk.
1304
(1) (a) The sponsors shall deliver each signed and verified initiative packet to the
1305
county clerk of the county in which the packet was circulated [no later than] on or before the
1306
sooner of:
1307
[(a)] (i) for county initiatives[, no later than]:
1308
(A) 316 days after the day on which the application is filed; or
1309
(B) the April 15 [falling] immediately before the next regular general election
1310
immediately after the application is filed under Section
20A-7-502
; or
1311
[(b)] (ii) for municipal initiatives[, no later than]:
1312
(A) 316 days after the day on which the application is filed; or
1313
(B) the April 15 [falling] immediately before the next municipal general election
1314
immediately after the application is filed under Section
20A-7-502
.
1315
(b) A sponsor may not submit an initiative packet after the deadline established in this
1316
Subsection (1).
1317
(2) (a) No later than May 1, the county clerk shall:

1318
[(a)] (i) check the names of all persons completing the verification on the back of each
1319
signature sheet to determine whether [or not] those persons are residents of Utah and are at
1320
least 18 years old; and
1321
[(b)] (ii) submit the name of each of those persons who is not a Utah resident or who is
1322
not at least 18 years old to the attorney general and county attorney.
1323
(b) The county clerk may not certify a signature under Subsection (3) on an initiative
1324
packet that is not verified in accordance with Section
20A-7-505
.
1325
(3) No later than May 15, the county clerk shall:
1326
(a) determine whether or not each signer is a voter according to the requirements of
1327
Section
20A-7-506.3
;
1328
(b) certify on the petition whether or not each name is that of a voter; and
1329
(c) deliver all of the verified packets to the local clerk.
1330
Section 25.
Section
20A-7-506.3
is amended to read:
1331
20A-7-506.3. Verification of petition signatures.
1332
(1) (a) For the purposes of this section, "substantially similar name" means:
1333
(i) the given name and surname shown on the petition, or both, contain only minor
1334
spelling differences when compared to the given name and surname shown on the official
1335
register;
1336
(ii) the surname shown on the petition exactly matches the surname shown on the
1337
official register, and the given names differ only because one of the given names shown is a
1338
commonly used abbreviation or variation of the other;
1339
(iii) the surname shown on the petition exactly matches the surname shown on the
1340
official register, and the given names differ only because one of the given names shown is
1341
accompanied by a first or middle initial or a middle name which is not shown on the other
1342
record; or
1343
(iv) the surname shown on the petition exactly matches the surname shown on the
1344
official register, and the given names differ only because one of the given names shown is an
1345
alphabetically corresponding initial that has been provided in the place of a given name shown

1346
on the other record.
1347
(b) For the purposes of this section, "substantially similar name" does not mean a name
1348
having an initial or a middle name shown on the petition that does not match a different initial
1349
or middle name shown on the official register.
1350
(2) The county clerk shall use the following procedures in determining whether or not a
1351
signer is a registered voter:
1352
(a) When a signer's name and address shown on the petition exactly match a name and
1353
address shown on the official register and the signer's signature appears substantially similar to
1354
the signature on the statewide voter registration database, the county clerk shall declare the
1355
signature valid.
1356
(b) When there is no exact match of an address and a name, the county clerk shall
1357
declare the signature valid if:
1358
(i) the address on the petition matches the address of a person on the official register
1359
with a substantially similar name[.]; and
1360
(ii) the signer's signature appears substantially similar to the signature on the statewide
1361
voter registration database of the person described in Subsection (2)(b)(i).
1362
(c) When there is no match of an address and a substantially similar name, the county
1363
clerk shall declare the signature valid if:
1364
(i) the birth date or age on the petition matches the birth date or age of a person on the
1365
official register with a substantially similar name[.]; and
1366
(ii) the signer's signature appears substantially similar to the signature on the statewide
1367
voter registration database of the person described in Subsection (2)(c)(i).
1368
(d) If a signature is not declared valid under Subsection (2)(a), (2)(b), or (2)(c), the
1369
county clerk shall declare the signature to be invalid.
1370
Section 26.
Section
20A-7-507
is amended to read:
1371
20A-7-507. Evaluation by the local clerk.
1372
(1) When each initiative packet is received from a county clerk, the local clerk shall
1373
check off from [his] the local clerk's record the number of each initiative packet filed.

1374
(2) (a) After all of the initiative packets have been received by the local clerk, the local
1375
clerk shall count the number of the names certified by the county clerk that appear on each
1376
verified signature sheet.
1377
(b) If the total number of certified names from each verified signature sheet equals or
1378
exceeds the number of names required by Section
20A-7-501
and the requirements of this part
1379
are met, the local clerk shall mark upon the front of the petition the word "sufficient."
1380
(c) If the total number of certified names from each verified signature sheet does not
1381
equal or exceed the number of names required by Section
20A-7-501
or a requirement of this
1382
part is not met, the local clerk shall mark upon the front of the petition the word "insufficient."
1383
(d) The local clerk shall immediately notify any one of the sponsors of [his] the local
1384
clerk's finding.
1385
(3) If the local clerk finds the total number of certified signatures from each verified
1386
signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1387
for a recount of the signatures appearing on the initiative petition in the presence of any
1388
sponsor.
1389
(4) [(a)] Once a petition is declared insufficient, the sponsors may not submit
1390
additional signatures to qualify the petition [for the pending election] for the ballot.
1391
[(b) If the petition is declared insufficient, the petition sponsors may submit additional
1392
signatures to qualify the petition for:]
1393
[(i) the next regular general election following the pending regular general election if
1394
the petition was a county initiative petition; or]
1395
[(ii) the next municipal general election if the petition was a municipal initiative
1396
petition.]
1397
(5) (a) If the local clerk refuses to accept and file any initiative petition, any voter may
1398
apply to the supreme court for an extraordinary writ to compel him to do so within 10 days
1399
after the refusal.
1400
(b) If the supreme court determines that the initiative petition is legally sufficient, the
1401
local clerk shall file it, with a verified copy of the judgment attached to it, as of the date on

1402
which it was originally offered for filing in [his] the local clerk's office.
1403
(c) If the supreme court determines that any petition filed is not legally sufficient, the
1404
supreme court may enjoin the local clerk and all other officers from certifying or printing the
1405
ballot title and numbers of that measure on the official ballot [for the next election].
1406
(6) A petition determined to be sufficient in accordance with this section is qualified
1407
for the ballot.
1408
Section 27.
Section
20A-7-601
is amended to read:
1409
20A-7-601. Referenda -- General signature requirements -- Signature
1410
requirements for land use laws -- Time requirements.
1411
(1) Except as provided in Subsection (2), a person seeking to have a law passed by the
1412
local legislative body submitted to a vote of the people shall obtain legal signatures equal to:
1413
(a) 10% of all the votes cast in the county, city, or town for all candidates for
1414
[governor] President of the United States at the last election at which a [governor] President of
1415
the United States was elected if the total number of votes exceeds 25,000;
1416
(b) 12-1/2% of all the votes cast in the county, city, or town for all candidates for
1417
[governor] President of the United States at the last election at which a [governor] President of
1418
the United States was elected if the total number of votes does not exceed 25,000 but is more
1419
than 10,000;
1420
(c) 15% of all the votes cast in the county, city, or town for all candidates for
1421
[governor] President of the United States at the last election at which a [governor] President of
1422
the United States was elected if the total number of votes does not exceed 10,000 but is more
1423
than 2,500;
1424
(d) 20% of all the votes cast in the county, city, or town for all candidates for
1425
[governor] President of the United States at the last election at which a [governor] President of
1426
the United States was elected if the total number of votes does not exceed 2,500 but is more
1427
than 500;
1428
(e) 25% of all the votes cast in the county, city, or town for all candidates for
1429
[governor] President of the United States at the last election at which a [governor] President of

1430
the United States was elected if the total number of votes does not exceed 500 but is more than
1431
250; and
1432
(f) 30% of all the votes cast in the county, city, or town for all candidates for
1433
[governor] President of the United States at the last election at which a [governor] President of
1434
the United States was elected if the total number of votes does not exceed 250.
1435
(2) (a) As used in this Subsection (2), "land use law" includes a land use development
1436
code, an annexation ordinance, and comprehensive zoning ordinances.
1437
(b) A person seeking to have a land use law passed by the local legislative body
1438
submitted to a vote of the people shall obtain legal signatures equal to:
1439
(i) in a county or in a city of the first or second class, 20% of all votes cast in the
1440
county or city for all candidates for [governor] President of the United States at the last election
1441
at which a [governor] President of the United States was elected; and
1442
(ii) in a city of the third, fourth, or fifth class or a town, 35% of all the votes cast in the
1443
city or town for all candidates for [governor] President of the United States at the last election
1444
at which a [governor] President of the United States was elected.
1445
(3) (a) Sponsors of any referendum petition challenging, under Subsection (1) or (2),
1446
any local law passed by a local legislative body shall file the [petition] application within [45]
1447
five days after the passage of the local law.
1448
[(b) The local law remains in effect until repealed by the voters via referendum.]
1449
(b) When a referendum petition has been declared sufficient, the local law that is the
1450
subject of the petition does not take effect unless and until the local law is approved by a vote
1451
of the people.
1452
(4) If the referendum passes, the local law that was challenged by the referendum is
1453
repealed as of the date of the election.
1454
Section 28.
Section
20A-7-605
is amended to read:
1455
20A-7-605. Obtaining signatures -- Verification -- Removal of signature.
1456
(1) Any Utah voter may sign a local referendum petition if the voter is a legal voter and
1457
resides in the local jurisdiction.

1486
(b) A sponsor may not submit a referendum packet after the deadline established in this
1487
Subsection (1).
1488
(2) (a) No later than [May 1] 60 days after the local law passes, the county clerk shall:
1489
[(a)] (i) check the names of all persons completing the verification on the back of each
1490
[signature sheet] referendum packet to determine whether [or not] those persons are Utah
1491
residents and are at least 18 years old; and
1492
[(b)] (ii) submit the name of each of those persons who is not a Utah resident or who is
1493
not at least 18 years old to the attorney general and county attorney.
1494
(b) The county clerk may not certify a signature under Subsection (3) on a referendum
1495
packet that is not verified in accordance with Section
20A-7-605
.
1496
(3) No later than [May 15] 75 days after the local law passes, the county clerk shall:
1497
(a) determine whether [or not] each signer is a registered voter according to the
1498
requirements of Section
20A-7-606.3
;
1499
(b) certify on the referendum petition whether [or not] each name is that of a registered
1500
voter; and
1501
(c) deliver all of the verified referendum packets to the local clerk.
1502
Section 30.
Section
20A-7-606.3
is amended to read:
1503
20A-7-606.3. Verification of petition signatures.
1504
(1) (a) For the purposes of this section, "substantially similar name" means:
1505
(i) the given name and surname shown on the petition, or both, contain only minor
1506
spelling differences when compared to the given name and surname shown on the official
1507
register;
1508
(ii) the surname shown on the petition exactly matches the surname shown on the
1509
official register, and the given names differ only because one of the given names shown is a
1510
commonly used abbreviation or variation of the other;
1511
(iii) the surname shown on the petition exactly matches the surname shown on the
1512
official register, and the given names differ only because one of the given names shown is
1513
accompanied by a first or middle initial or a middle name which is not shown on the other

1514
record; or
1515
(iv) the surname shown on the petition exactly matches the surname shown on the
1516
official register, and the given names differ only because one of the given names shown is an
1517
alphabetically corresponding initial that has been provided in the place of a given name shown
1518
on the other record.
1519
(b) For the purposes of this section, "substantially similar name" does not mean a name
1520
having an initial or a middle name shown on the petition that does not match a different initial
1521
or middle name shown on the official register.
1522
(2) The county clerk shall use the following procedures in determining whether or not a
1523
signer is a registered voter:
1524
(a) When a signer's name and address shown on the petition exactly match a name and
1525
address shown on the official register and the signer's signature appears substantially similar to
1526
the signature on the statewide voter registration database, the county clerk shall declare the
1527
signature valid.
1528
(b) When there is no exact match of an address and a name, the county clerk shall
1529
declare the signature valid if:
1530
(i) the address on the petition matches the address of a person on the official register
1531
with a substantially similar name[.]; and
1532
(ii) the signer's signature appears substantially similar to the signature on the statewide
1533
voter registration database of the person described in Subsection (2)(b)(i).
1534
(c) When there is no match of an address and a substantially similar name, the county
1535
clerk shall declare the signature valid if:
1536
(i) the birth date or age on the petition matches the birth date or age of a person on the
1537
official register with a substantially similar name[.]; and
1538
(ii) the signer's signature appears substantially similar to the signature on the statewide
1539
voter registration database of the person described in Subsection (2)(c)(i).
1540
(d) If a signature is not declared valid under Subsection (2)(a), (b), or (c), the county
1541
clerk shall declare the signature to be invalid.

1542
Section 31.
Section
20A-7-607
is amended to read:
1543
20A-7-607. Evaluation by the local clerk.
1544
(1) When each referendum packet is received from a county clerk, the local clerk shall
1545
check off from [his] the local clerk's record the number of each referendum packet filed.
1546
(2) (a) After all of the referendum packets have been received by the local clerk, the
1547
local clerk shall count the number of the names certified by the county clerks that appear on
1548
each verified signature sheet.
1549
(b) If the total number of certified names from each verified signature sheet equals or
1550
exceeds the number of names required by Section
20A-7-601
and the requirements of this part
1551
are met, the local clerk shall mark upon the front of the petition the word "sufficient."
1552
(c) If the total number of certified names from each verified signature sheet does not
1553
equal or exceed the number of names required by Section
20A-7-601
or a requirement of this
1554
part is not met, the local clerk shall mark upon the front of the petition the word "insufficient."
1555
(d) The local clerk shall immediately notify any one of the sponsors of [his] the local
1556
clerk's finding.
1557
(3) If the local clerk finds the total number of certified signatures from each verified
1558
signature sheet to be insufficient, any sponsor may file a written demand with the local clerk
1559
for a recount of the signatures appearing on the referendum petition in the presence of any
1560
sponsor.
1561
(4) (a) If the local clerk refuses to accept and file any referendum petition, any voter
1562
may apply to the Supreme Court for an extraordinary writ to compel [him] the local clerk to do
1563
so within 10 days after the refusal.
1564
(b) If the Supreme Court determines that the referendum petition is legally sufficient,
1565
the local clerk shall file it, with a verified copy of the judgment attached to it, as of the date on
1566
which it was originally offered for filing in [his] the local clerk's office.
1567
(c) If the Supreme Court determines that any petition filed is not legally sufficient, the
1568
Supreme Court may enjoin the local clerk and all other officers from certifying or printing the
1569
ballot title and numbers of that measure on the official ballot for the next election.

1570
(5) A petition determined to be sufficient in accordance with this section is qualified
1571
for the ballot.
1572
Section 32.
Section
20A-7-609
is amended to read:
1573
20A-7-609. Form of ballot -- Manner of voting.
1574
(1) The local clerk shall ensure that the number and ballot title are presented upon the
1575
official ballot with, immediately adjacent to them, the words "For" and "Against," each word
1576
presented with an adjacent square in which the elector may indicate the elector's vote.
1577
(2) (a) Except as provided in Subsection (2)(c) or (d)(i), and unless the county
1578
legislative body calls a special election, the county clerk shall ensure that county referenda that
1579
have qualified for the ballot appear on the next regular general election ballot.
1580
(b) [Unless] Except as provided in Subsection (2)(d)(ii) and unless the municipal
1581
legislative body calls a special election, the municipal recorder or clerk shall ensure that
1582
municipal referenda that have qualified for the ballot appear on the next regular municipal
1583
election ballot.
1584
(c) For referenda held in relation to the adoption of an ordinance imposing a county
1585
option sales and use tax under Section
59-12-1102
, the county clerk shall ensure that referenda
1586
that have qualified for the ballot appear on the ballot at the earlier of:
1587
(i) the next regular general election that is more than 155 days after the date of the
1588
adoption of the ordinance; or
1589
(ii) the next municipal general election that is more than 155 days after the date of the
1590
adoption of the ordinance.
1591
(d) (i) If a local law passes after January 30 of the year in which there is a regular
1592
general election, the county clerk shall ensure that a county referendum that has qualified for
1593
the ballot appears on the ballot at the second regular general election immediately following the
1594
passage of the local law unless the county legislative body calls a special election.
1595
(ii) If a local law passes after January 30 of the year in which there is a municipal
1596
general election, the municipal recorder or clerk shall ensure that a municipal referendum that
1597
has qualified for the ballot appears on the ballot at the second municipal general election

1598
immediately following the passage of the local law unless the municipal legislative body calls a
1599
special election.
1600
(3) (a) (i) A voter desiring to vote in favor of the law that is the subject of the
1601
referendum shall mark the square adjacent to the word "For."
1602
(ii) The law that is the subject of the referendum is effective if a majority of voters
1603
mark "For."
1604
(b) (i) A voter desiring to vote against the law that is the subject of the referendum
1605
petition shall mark the square following the word "Against."
1606
(ii) The law that is the subject of the referendum is not effective if a majority of voters
1607
mark "Against."
1608
Section 33.
Section
20A-8-103
is amended to read:
1609
20A-8-103. Petition procedures.
1610
(1) As used in this section, the proposed name or emblem of a registered political party
1611
is "distinguishable" if a reasonable person of average intelligence will be able to perceive a
1612
difference between the proposed name or emblem and any name or emblem currently being
1613
used by another registered political party.
1614
(2) To become a registered political party, an organization of registered voters that is
1615
not a continuing political party shall:
1616
(a) circulate a petition seeking registered political party status beginning no earlier than
1617
the date of the statewide canvass held after the last regular general election and ending no later
1618
than the February 15 of the year in which the next regular general election will be held; and
1619
(b) file a petition with the lieutenant governor that is signed, with a holographic
1620
signature, by at least 2,000 registered voters on or before February 15 of the year in which a
1621
regular general election will be held.
1622
(3) The petition shall:
1623
(a) state that the signers are or desire to become members of the designated party or
1624
group;
1625
(b) state the name, which may not exceed four words, and identify the emblem of the

1626
party or group;
1627
(c) state the process that the organization will follow to organize and adopt a
1628
constitution and bylaws; and
1629
(d) be signed by a filing officer, who agrees to receive communications on behalf of the
1630
organization.
1631
(4) The lieutenant governor shall:
1632
(a) determine whether [or not] the required number of voters appears on the petition;
1633
(b) review the proposed name and emblem to determine if they are "distinguishable"
1634
from the names and emblems of other registered political parties; and
1635
(c) certify [his] the lieutenant governor's findings to the filing officer of the group
1636
within 30 days of the filing of the petition.
1637
(5) (a) If the lieutenant governor determines that the petition meets the requirements of
1638
this section, and that the proposed name and emblem are distinguishable, he shall authorize the
1639
filing officer to organize the prospective political party.
1640
(b) If the lieutenant governor finds that the name, emblem, or both are not
1641
distinguishable from the names and emblems of other registered political parties, the lieutenant
1642
governor shall notify the filing officer that [he] the filing officer has seven days to submit a
1643
new name or emblem to the lieutenant governor.
1644
(6) A registered political party may not change its name or emblem during the regular
1645
general election cycle.
1646
Section 34.
Section
20A-9-203
is amended to read:
1647
20A-9-203. Declarations of candidacy -- Municipal general elections.
1648
(1) (a) (i) A person may become a candidate for any municipal office if:
1649
(A) the person is a registered voter; and
1650
(B) (I) the person has resided within the municipality in which that person seeks to
1651
hold elective office for the 12 consecutive months immediately before the date of the election;
1652
or
1653
(II) if the territory in which the person resides was annexed into the municipality, the

1654
person has resided within the annexed territory or the municipality the 12 consecutive months
1655
immediately before the date of the election.
1656
(ii) For purposes of determining whether a person meets the residency requirement of
1657
Subsection (1)(a)(i)(B)(I) in a municipality that was incorporated less than 12 months before
1658
the election, the municipality shall be considered to have been incorporated 12 months before
1659
the date of the election.
1660
(b) In addition to the requirements of Subsection (1)(a), each candidate for a municipal
1661
council position shall, if elected from a district, be a resident of the council district from which
1662
elected.
1663
(c) In accordance with Utah Constitution Article IV, Section 6, any mentally
1664
incompetent person, any person convicted of a felony, or any person convicted of treason or a
1665
crime against the elective franchise may not hold office in this state until the right to hold
1666
elective office is restored under Section
20A-2-101.5
.
1667
(2) (a) Except as provided in Subsection (2)(b) or (2)(c), each person seeking to
1668
become a candidate for a municipal office shall:
1669
(i) file a declaration of candidacy, in person with the city recorder or town clerk, during
1670
office hours and not later than the close of normal office hours, between July 1 and July 15 of
1671
any odd numbered year; and
1672
(ii) pay the filing fee, if one is required by municipal ordinance.
1673
(b) (i) As used in this Subsection (2)(b), "registered voters" means the number of
1674
persons registered to vote in the municipality on the January 1 of the municipal election year.
1675
(ii) A third, fourth, or fifth class city that used the convention system to nominate
1676
candidates in the last municipal election as authorized by Subsection
20A-9-404
(3) or used the
1677
process contained in this Subsection (2)(b) in the last municipal election or a town that used the
1678
convention system to nominate candidates in the last municipal election as authorized by
1679
Subsection
20A-9-404
(3) or used the process contained in this Subsection (2)(b) in the last
1680
municipal election may, by ordinance, require, in lieu of the convention system, that candidates
1681
for municipal office file a nominating petition signed by a percentage of registered voters at the

1682
same time that the candidate files a declaration of candidacy.
1683
(iii) The ordinance shall specify the number of holographic signatures that the
1684
candidate must obtain on the nominating petition in order to become a candidate for municipal
1685
office under this Subsection (2), but that number may not exceed 5% of registered voters.
1686
(c) Any resident of a municipality may nominate a candidate for a municipal office by:
1687
(i) filing a nomination petition with the city recorder or town clerk during office hours,
1688
but not later than the close of normal office hours, between July 1 and July 15 of any
1689
odd-numbered year; and
1690
(ii) paying the filing fee, if one is required by municipal ordinance.
1691
(3) (a) Before the filing officer may accept any declaration of candidacy or nomination
1692
petition, the filing officer shall:
1693
(i) read to the prospective candidate or person filing the petition the constitutional and
1694
statutory qualification requirements for the office that the candidate is seeking; and
1695
(ii) require the candidate or person filing the petition to state whether [or not] the
1696
candidate meets those requirements.
1697
(b) If the prospective candidate does not meet the qualification requirements for the
1698
office, the filing officer may not accept the declaration of candidacy or nomination petition.
1699
(c) If it appears that the prospective candidate meets the requirements of candidacy, the
1700
filing officer shall:
1701
(i) inform the candidate that the candidate's name will appear on the ballot as it is
1702
written on the declaration of candidacy;
1703
(ii) provide the candidate with a copy of the current campaign financial disclosure laws
1704
for the office the candidate is seeking and inform the candidate that failure to comply will
1705
result in disqualification as a candidate and removal of the candidate's name from the ballot;
1706
(iii) provide the candidate with a copy of Section
20A-7-801
regarding the Statewide
1707
Electronic Voter Information Website Program and inform the candidate of the submission
1708
deadline under Subsection
20A-7-801
(4)(a);
1709
(iv) provide the candidate with a copy of the pledge of fair campaign practices

1710
described under Section
20A-9-206
and inform the candidate that:
1711
(A) signing the pledge is voluntary; and
1712
(B) signed pledges shall be filed with the filing officer; and
1713
(v) accept the declaration of candidacy or nomination petition.
1714
(d) If the candidate elects to sign the pledge of fair campaign practices, the filing
1715
officer shall:
1716
(i) accept the candidate's pledge; and
1717
(ii) if the candidate has filed for a partisan office, provide a certified copy of the
1718
candidate's pledge to the chair of the county or state political party of which the candidate is a
1719
member.
1720
(4) The declaration of candidacy shall substantially comply with the following form:
1721
"I, (print name) ____, being first sworn, say that I reside at ____ Street, City of ____,
1722
County of ____, state of Utah, Zip Code ____, Telephone Number (if any) ____; that I am a
1723
registered voter; and that I am a candidate for the office of ____ (stating the term). I will meet
1724
the legal qualifications required of candidates for this office. I will file all campaign financial
1725
disclosure reports as required by law and I understand that failure to do so will result in my
1726
disqualification as a candidate for this office and removal of my name from the ballot. I
1727
request that my name be printed upon the applicable official ballots. (Signed)
1728
_______________
1729
Subscribed and sworn to (or affirmed) before me by ____ on this
1730
__________(month\day\year).
1731
(Signed) _______________ (Clerk or other officer qualified to administer oath)"
1732
(5) (a) In all first and second class cities, and in third, fourth, or fifth class cities that
1733
have not passed the ordinance authorized by Subsection (2)(b) and in towns that have not
1734
passed the ordinance authorized by Subsection (2)(b), any registered voter may be nominated
1735
for municipal office by submitting a petition signed, with a holographic signature, by:
1736
(i) 25 residents of the municipality who are at least 18 years old; or
1737
(ii) 20% of the residents of the municipality who are at least 18 years old.

1738
(b) (i) The petition shall substantially conform to the following form:
1739

"NOMINATION PETITION

1740
The undersigned residents of (name of municipality) being 18 years old or older
1741
nominate (name of nominee) to the office of ____ for the (two or four-year term, whichever is
1742
applicable)."
1743
(ii) The remainder of the petition shall contain lines and columns for the signatures of
1744
persons signing the petition and their addresses and telephone numbers.
1745
(6) (a) In third, fourth, and fifth class cities that have passed the ordinance authorized
1746
by Subsection (2)(b), and in towns that have passed the ordinance authorized by Subsection
1747
(2)(b), any registered voter may be nominated for municipal office by submitting a petition
1748
signed, with a holographic signature, by the same percentage of registered voters in the
1749
municipality as required by the ordinance passed under authority of Subsection (2)(b).
1750
(b) (i) The petition shall substantially conform to the following form:
1751
"NOMINATION PETITION
1752
The undersigned residents of (name of municipality) being 18 years old or older
1753
nominate (name of nominee) to the office of (name of office) for the (two or four-year term,
1754
whichever is applicable)."
1755
(ii) The remainder of the petition shall contain lines and columns for the holographic
1756
signatures of persons signing the petition and their addresses and telephone numbers.
1757
(7) If the declaration of candidacy or nomination petition fails to state whether the
1758
nomination is for the two or four-year term, the clerk shall consider the nomination to be for
1759
the four-year term.
1760
(8) (a) The clerk shall verify with the county clerk that all candidates are registered
1761
voters.
1762
(b) Any candidate who is not registered to vote is disqualified and the clerk may not
1763
print the candidate's name on the ballot.
1764
(9) Immediately after expiration of the period for filing a declaration of candidacy, the
1765
clerk shall:

1766
(a) cause the names of the candidates as they will appear on the ballot to be published:
1767
(i) in at least two successive publications of a newspaper with general circulation in the
1768
municipality; and
1769
(ii) as required in Section
45-1-101
; and
1770
(b) notify the lieutenant governor of the names of the candidates as they will appear on
1771
the ballot.
1772
(10) A declaration of candidacy or nomination petition filed under this section may not
1773
be amended after the expiration of the period for filing a declaration of candidacy.
1774
(11) (a) A declaration of candidacy or nomination petition filed under this section is
1775
valid unless a written objection is filed with the clerk within five days after the last day for
1776
filing.
1777
(b) If an objection is made, the clerk shall:
1778
(i) mail or personally deliver notice of the objection to the affected candidate
1779
immediately; and
1780
(ii) decide any objection within 48 hours after it is filed.
1781
(c) If the clerk sustains the objection, the candidate may correct the problem by
1782
amending the declaration or petition within three days after the objection is sustained or by
1783
filing a new declaration within three days after the objection is sustained.
1784
(d) (i) The clerk's decision upon objections to form is final.
1785
(ii) The clerk's decision upon substantive matters is reviewable by a district court if
1786
prompt application is made to the district court.
1787
(iii) The decision of the district court is final unless the Supreme Court, in the exercise
1788
of its discretion, agrees to review the lower court decision.
1789
(12) Any person who filed a declaration of candidacy and was nominated, and any
1790
person who was nominated by a nomination petition, may, any time up to 23 days before the
1791
election, withdraw the nomination by filing a written affidavit with the clerk.
1792
Section 35.
Section
20A-9-404
is amended to read:
1793
20A-9-404. Municipal primary elections.

1794
(1) (a) Except as otherwise provided in this section, candidates for municipal office in
1795
all municipalities shall be nominated at a municipal primary election.
1796
(b) Municipal primary elections shall be held:
1797
(i) consistent with Section
20A-1-201.5
, on the second Tuesday following the first
1798
Monday in the September before the regular municipal election; and
1799
(ii) whenever possible, at the same polling places as the regular municipal election.
1800
(2) If the number of candidates for a particular municipal office does not exceed twice
1801
the number of persons needed to fill that office, a primary election for that office may not be
1802
held and the candidates are considered nominated.
1803
(3) (a) For purposes of this Subsection (3), "convention" means an organized assembly
1804
of voters or delegates.
1805
(b) (i) By ordinance adopted before the June 1 that falls before a regular municipal
1806
election, any third, fourth, or fifth class city or town may exempt itself from a primary election
1807
by providing that the nomination of candidates for municipal office to be voted upon at a
1808
municipal election be nominated by a political party convention or committee.
1809
(ii) Any primary election exemption ordinance adopted under the authority of this
1810
subsection remains in effect until repealed by ordinance.
1811
(c) (i) A convention or committee may not nominate more than one group of
1812
candidates or have placed on the ballot more than one group of candidates for the municipal
1813
offices to be voted upon at the municipal election.
1814
(ii) A convention or committee may nominate a person who has been nominated by a
1815
different convention or committee.
1816
(iii) A political party may not have more than one group of candidates placed upon the
1817
ballot and may not group the same candidates on different tickets by the same party under a
1818
different name or emblem.
1819
(d) (i) The convention or committee shall prepare a certificate of nomination for each
1820
person nominated.
1821
(ii) The certificate of nomination shall:

1822
(A) contain the name of the office for which each person is nominated, the name, post
1823
office address, and, if in a city, the street number of residence and place of business, if any, of
1824
each person nominated;
1825
(B) designate in not more than five words the political party that the convention or
1826
committee represents;
1827
(C) contain a copy of the resolution passed at the convention that authorized the
1828
committee to make the nomination;
1829
(D) contain a statement certifying that the name of the candidate nominated by the
1830
political party will not appear on the ballot as a candidate for any other political party;
1831
(E) be signed by the presiding officer and secretary of the convention or committee;
1832
and
1833
(F) contain a statement identifying the residence and post office address of the
1834
presiding officer and secretary and certifying that the presiding officer and secretary were
1835
officers of the convention or committee and that the certificates are true to the best of their
1836
knowledge and belief.
1837
(iii) Certificates of nomination shall be filed with the clerk not later than the sixth
1838
Tuesday before the November municipal election.
1839
(e) A committee appointed at a convention, if authorized by an enabling resolution,
1840
may also make nominations or fill vacancies in nominations made at a convention.
1841
(f) The election ballot shall substantially comply with the form prescribed in Title 20A,
1842
Chapter 6, Part 4, Ballot Form Requirements for Municipal Elections, but the party name shall
1843
be included with the candidate's name.
1844
(4) (a) Any third, fourth, or fifth class city may adopt an ordinance before the June 1
1845
that falls before the regular municipal election that:
1846
(i) exempts the city from the other methods of nominating candidates to municipal
1847
office provided in this section; and
1848
(ii) provides for a partisan primary election method of nominating candidates as
1849
provided in this Subsection (4).

1850
(b) (i) Any party that was a registered political party at the last regular general election
1851
or regular municipal election is a municipal political party under this section.
1852
(ii) Any political party may qualify as a municipal political party by presenting a
1853
petition to the city recorder that:
1854
(A) is signed, with a holographic signature, by registered voters within the municipality
1855
equal to at least 20% of the number of votes cast for all candidates for mayor in the last
1856
municipal election at which a mayor was elected;
1857
(B) is filed with the city recorder by the seventh Tuesday before the date of the
1858
municipal primary election;
1859
(C) is substantially similar to the form of the signature sheets described in Section
1860
20A-7-303
; and
1861
(D) contains the name of the municipal political party using not more than five words.
1862
(c) (i) If the number of candidates for a particular office does not exceed twice the
1863
number of offices to be filled at the regular municipal election, no partisan primary election for
1864
that office shall be held and the candidates are considered to be nominated.
1865
(ii) If the number of candidates for a particular office exceeds twice the number of
1866
offices to be filled at the regular municipal election, those candidates for municipal office shall
1867
be nominated at a partisan primary election.
1868
(d) The clerk shall ensure that:
1869
(i) the partisan municipal primary ballot is similar to the ballot forms required by
1870
Sections
20A-6-401
and
20A-6-401.1
;
1871
(ii) the candidates for each municipal political party are listed in one or more columns
1872
under their party name and emblem;
1873
(iii) the names of candidates of all parties are printed on the same ballot, but under
1874
their party designation;
1875
(iv) every ballot is folded and perforated so as to separate the candidates of one party
1876
from those of the other parties and so as to enable the elector to separate the part of the ballot
1877
containing the names of the party of his choice from the remainder of the ballot; and

1878
(v) the side edges of all ballots are perforated so that the outside sections of the ballots,
1879
when detached, are similar in appearance to inside sections when detached.
1880
(e) After marking a municipal primary ballot, the voter shall:
1881
(i) detach the part of the ballot containing the names of the candidates of the party he
1882
has voted from the rest of the ballot;
1883
(ii) fold the detached part so that its face is concealed and deposit it in the ballot box;
1884
and
1885
(iii) fold the remainder of the ballot containing the names of the candidates of the
1886
parties for whom the elector did not vote and deposit it in the blank ballot box.
1887
(f) Immediately after the canvass, the election judges shall, without examination,
1888
destroy the tickets deposited in the blank ballot box.
1889
Section 36.
Section
20A-9-502
is amended to read:
1890
20A-9-502. Certificate of nomination -- Contents -- Circulation -- Verification.
1891
(1) The candidate shall:
1892
(a) prepare a certificate of nomination in substantially the following form:
1893
"State of Utah, County of ______________________________________________
1894
I, ______________, declare my intention of becoming an unaffiliated candidate for the
1895
political group designated as ____ for the office of ____. I do solemnly swear that I can
1896
qualify to hold that office both legally and constitutionally if selected, and that I reside at ____
1897
Street, in the city of ____, county of ____, state of Utah, zip code ____, phone ____, and that I
1898
am providing, or have provided, the required number of holographic signatures of registered
1899
voters required by law; that as a candidate at the next election I will not knowingly violate any
1900
election or campaign law; I will file all campaign financial disclosure reports as required by
1901
law; and I understand that failure to do so will result in my disqualification as a candidate for
1902
this office and removal of my name from the ballot.
1903

__________________________________________

1904

Subscribed and sworn to before me this ______(month\day\year).

1905

__________________________________________

1906

Notary Public (or other officer

1907

qualified to administer oaths)"; and

1908
(b) attach signature sheets to the certificate that contain a place for the registered
1909
voter's holographic signature, a place for the registered voter to print [his] the registered voter's
1910
name, and a place for the registered voter's address.
1911
(2) (a) The candidate shall circulate the nomination petition and submit it to the county
1912
clerk for certification when the petition has been completed by:
1913
(i) at least 1,000 registered voters residing within the state when the nomination is for
1914
an office to be filled by the voters of the entire state; or
1915
(ii) at least 300 registered voters residing within a political division or at least 5% of
1916
the registered voters residing within a political division, whichever is less, when the
1917
nomination is for an office to be filled by the voters of any political division smaller than the
1918
state.
1919
(b) In reviewing the petition, the county clerk shall count and certify only those persons
1920
who signed the petition with a holographic signature who:
1921
(i) are registered voters within the political division that the candidate seeks to
1922
represent; and
1923
(ii) did not sign any other certificate of nomination for that office.
1924
(c) The candidate may supplement or amend the certificate of nomination at any time
1925
on or before the filing deadline.
1926
Section 37.
Section
20A-11-103
is amended to read:
1927
20A-11-103. Notice of pending interim and summary reports -- Form of
1928
submission -- Public availability.
1929
(1) (a) Except as provided under Subsection (1)(b), 10 days before an interim report or
1930
summary report is due under this chapter or Chapter 12, Part 2, Judicial Retention Elections,
1931
the chief election officer shall inform the filing entity by postal mail or, if requested by the
1932
filing entity, by electronic mail:
1933
(i) that the financial statement is due;

1934
(ii) of the date that the financial statement is due; and
1935
(iii) of the penalty for failing to file the financial statement.
1936
(b) Notwithstanding the provisions of Subsection (1)(a), under this section the chief
1937
election officer is not required to provide notice:
1938
(i) to a candidate or political party of the financial statement that is due before the
1939
candidate's political convention;
1940
(ii) of a financial statement due in connection with a public hearing for an initiative
1941
under the requirements of Section
20A-7-204.1
; or
1942
(iii) to a corporation or labor organization, as defined in Section
20A-11-1501
.
1943
(2) A filing entity shall electronically file a financial statement via electronic mail or
1944
the Internet according to specifications established by the chief election officer.
1945
(3) (a) A financial statement is considered timely filed if it is received by the chief
1946
election officer's office before the close of regular office hours on the date that it is due.
1947
(b) A chief election officer may extend the time in which a filing entity is required to
1948
file a financial statement if a filing entity notifies the chief election officer of the existence of
1949
an extenuating circumstance that is outside the control of the filing entity.
1950
(4) Notwithstanding any provision of Title 63G, Chapter 2, Government Records
1951
Access and Management Act, the lieutenant governor shall:
1952
(a) make each campaign finance statement filed by a candidate available for public
1953
inspection and copying no later than one business day after the statement is filed; and
1954
(b) post an electronic copy or the contents of each financial statement in a searchable
1955
format on a website established by the lieutenant governor:
1956
(i) for campaign finance statements submitted to the lieutenant governor under the
1957
requirements of Section
10-3-208
or Section
17-16-6.5
, no later than seven business days after
1958
the date of receipt of the campaign finance statement; or
1959
(ii) for a summary report or interim report filed under the requirements of this chapter
1960
or Chapter 12, Part 2, Judicial Retention Elections, no later than three business days after the
1961
date the statement is electronically filed.

1962
(5) If a municipality, under Section
10-3-208
, or a county, under Section
17-16-6.5
,
1963
elects to provide campaign finance disclosure on its own website, rather than through the
1964
lieutenant governor, the website established by the lieutenant governor shall contain a link or
1965
other access point to the municipality or county website.
1966
Section 38. Repealer.
1967
This bill repeals:
1968
Section 20A-7-206.5, Financial disclosure -- Paid circulators.
1969
Section 39. Effective date.
1970
If approved by two-thirds of all the members elected to each house, this bill takes effect
1971
upon approval by the governor, or the day following the constitutional time limit of Utah
1972
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
1973
the date of veto override.